- (1.) R. B. Mehrptra, J. Sri Pushkar Chandra Gupta filed a suit No. 204 of 1971 against Union of India in the Court of Civil Judge, Bareilly wherein a relief for a declaration was sought to the effect that the order dated 27-5-1971, passed by the Production Engineer, Railway, Izzatnagar, dismissing the plain tiff from service, be declared as illegal and void and further a relief was claimed for mandatory injunction directing Union of India to continue the plaintiff in service. In addition thereto, a decree tor Rs. 1031-57 paise was also prayed for.
(2.) THE suit was contested by the Union of India, which was arrayed as defendant in the suit. On the basis of the pleadings of the parties, the trial court framed issues. Only following issues are relevant for the decision of the present appeal: "issue No. 4.-Whether the order of plaintiff's dismissal from service dated 21 -5-1971 is illegal, null and void and without proved charges from the reason mentioned in the plaint ? Issue No. 5.-Whether the plaintiff was appointed by Dy. General Manager (Personnel) on 3-9-1958 or by the Senior Personnel Officer ? Issue No. 6.-Whether the provisions of Article 311 (1) of the Consti tution were violated in dismissing the plaintiff ? Issue No. 7.-Whether the plaintiff was not afforded a reasonable opportunity as envisaged under Article 311 (2), and thus the order of dism issal is void ? Issue No. 8.-Whether the production Engineer was competent to dismiss the plaintiff ?" THE trial court dismissed the plaintiff's suit. Aggrieved thereby the plaintiff filed Civil Appeal 1380 of 1973 which was also dismissed by the IIIrd Additional District Judge, Bareilly, vide his judgment dated 27-8-1979. Aggrieved thereby, the present second appeal has been filed by the plaintiff.
(3.) THE facts, necessary for the decision of the appeal, are being succint-ly noticed herein below. The plaintiff was working as a General Clerk attached to the Boundary Railway Workshop in the North Eastern Railway, Izzafnagar. The plaints was appointed on 4-9-1958, according to the plaintiff, by the Deputy General Manager. On 24-9-1970 he was served with two charge sheets, one dated 17-9-1970 and the other dated 11-9-1970. In the first charge sheet the charge against the plaintiff was that he absented from duty on 8-9-1970 without taking permission. The other chargesheet related to the preparation of a free (privilege) pass in his own favour for using it for himself and his family.;