- (1.) THIS is an appeal from a judgment and decree of a learned Judge of this Court dated 6-12-1954.
(2.) THE appellant was a clerk in the East Indian Railway employed in the office of the Divisional superintendent, Lucknow. In March 1948 complaint was made against him that he had committed certain rationing offences; an enquiry was held by the railway authorities as a result of which the appellant was suspended and charges were framed against him. That was in september 1948. The appellant submitted an explanation, but the Divisional Superintendent found the charges to be proved and by an order dated 20-10-1948, he directed that the appellant be removed from service.
(3.) ON 22-10-1948, the appellant was accordingly served with a notice in the following term: "removal NOTICE as your services are no longer required by the the Administration, you are hereby removed from service by my order in terms of your agreement and condition of service, and you are hereby given one month's pay in lieu of notice with effect from 25-10-1948 AN as provided for therein. Your services will accordingly terminate on 25-10-1948 A. N. . . . . . . " This notice was signed by the Divisional Superintendent, Lucknow. The appellant appealed against this order to the Chief Operating Superintendent, but without success. On 5-9-1949, he filed a suit for a declaration that the order was void and that he was still in the service of the railway administration; he also sought a decree for Rs. 1,395-7- as salary due to him. On 20-S-1951, the suit was dismissed and on 31-5-1952, an appeal therefrom was dismissed by the learned Civil Judge at Malihabad. A second appeal to this Court was no more successful but the learned Judge granted special leave to appeal to a Bench.;