Deoki Nandan, J. - (1.) This is a second appeal by the Union of India from a decree declaring that the order of plaintiff-respondent's dismissal from service No. C. G. 159l/Con/l dated 15th January, 1972 passed by the General Manager, Ordnance and Parachute Factory, Kanpur, is illegal and ultra vires and that the plaintiff continues in service of the Union of India with full benefits on the date of the institution of the suit and further directing the defendant not to give effect to the said dismissal order, "deeming the plaintiff in continuous service."
(2.) The plaintiff-respondent was a labourer in the Ordnance and Parachute Factory at Kanpur. On 6th July, 1971 he was charged along with Satya Narain of gross misconduct, wilful neglect of duty and repeated and deliberate disobedience of the orders of their superiors. A charge-sheet under Rule lq of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was duly served on the two and enquiry was held under the said rule by Sri H.L. Nayar, who was appointed the inquiring authority. A written reply was filed by the plaintiff-respondent to his charge-sheet. He attended at some hearings before the enquiring authority but moved for charging him with the allegation of bias against him. That request was turned down and the inquiring authority having completed the enquiry he submitted his report holding the plaintiff-respondent guilty of the charge against him. A notice dated 14th December, 1971 was thereafter issued to the plaintiff under Clause (4) of Rule 15 of the said C. C. A. Rules by the General Manager of the Factory, who was the Disciplinary Authority. The notice reads as under: "MEMORANDUM No. CF-1591/Con. Ordnance Parachute Factory, Kanpur, dated 14-12-71. A copy of the Enquiry Report submitted by the officer appointed vide Order of even No. dated 18-8-71 to enquire into the charges framed against Shri Ram Babu, T. No. 4933/L, Lab. 'B' OPF vide this office Memo No. CF-1591/Con. Dated 6-7-71 is enclosed. On a careful consideration of the enquiry report aforesaid the undersigned agrees with the findings of the Enquiry Officer and holds that the articles of charges are proved. The undersigned has, therefore, provisionally come to the conclusion that Shri Ram Babu, T. No. 4933/L. Lab. 'B' is not a fit person to be retained in service and so the undersigned proposes to impose the penalty of dismissal from service on him. Shri Ram Babu. T. No. 4933/L. Lab. 'B' is hereby given an opportunity of making representation on the penalty proposed. Any representation which he may wish to make on the penalty proposed will be considered by the undersigned. Such representation, if any, should be made in writing and submitted so as to reach the undersigned not later than fifteen days from the date of receipt of this Memorandum by Shri Ram Babu. The receipt of this Memorandum should be acknowledged. Enclo: as above. Sd. J. S. Rastogi 13/1 O/c (J. S. Rastpgi) General Manager. Sd. Illegible 13/1 To Shri Ram Babu T. No. 4933/L. Lab. 'B', OPG 30/140, Ghumni Mohal, Kanpur. A representation dated 28th December, 197 was thereupon submitted by the plaintiff-respondent to the said General Manager. The representation was disposed of by the said General Manager by the following order: "ORDER N. CF-1591/Con./l. Ordnance Parachute Factory, Kanpur, dated 15-1-72. Ref:- Representation dated 28-12-71 of Shri Ram Babu, T. No. 4933/L. Lab. 'B\ OPF. I, the undersigned, do hereby impose the penalty of dismissal from service with effect from 15-1-72 on Shri Ram Babu, T. No. 4933/L, Lab. 'B\ OPF. Sd. J. S.Rastogi 13/1 O/C (J. S. Rastogi) General Manager." It was communicated lo the plaintiff-respondent by the Dy. Manager/Admin, with his covering letter dated 15th January 1972 which reads as follows: "CONFIDENTIAL No. CF-1591-/Con. Ordnance Parachute Factory. Kanpur, dated 15-1-72. To Shri Ram Babu, T. No. 4933/L, Lab. 'B/ OPF Regd. A/D post 31/140 Ghumi Mohal, Kanpur. Sub: Disciplinary action. Ref: Your representation dated 28-12-71. Your above representation has been examined carefully and it has been decided by the disciplinary authority that the penalty of dismissal from service be imposed on you. The attached order of such penalty is accordingly served on you. Enclo: One Sd. B. B. Verma O/c (B. B. Varma) Dy. Manager/Admin. For GENERAL MANAGER. N. O. O. Copy to : I/C, L. B. for necessary action in regard to publication of F. O. and making suitable endorsement in the Service Book of the individual concern. The above penalty has been imposed for gross misconduct, wilful neglect of duty, repeated and deliberate disobedience of orders."
(3.) The plaintiff's case was that the order of dismissal was illegal on the several grounds (i) to (xii) under paragraph 32 of the plaint.;