A.N. Dikshita, J. - (1.) This second appeal arises against the judgment and order dated April 5, 1974 dismissing the appeal ( Civil Appeal) No.43 of 1971, Putto Lal Mishra v. Union of India & Ors. and affirming the judgment and decree passed by V Additional Munsif, Kanpur in suit No.1704 of 1969, Putto Lal Mishra v. Union of India & Ors. dismissing the suit-vide judgment and order dated November 9, 1970.
(2.) In brief the facts are that the appellant filed a suit for the declaration that the order for the removal of the appellant passed on January 17, 1968 by General Manager, Ordnance Parachute Factory, Kanpur is illegal, void and ultra vires and the plaintiff is still in the service of Government of India in the Ministry of Defence. It was alleged that the plaintiff was an employee of Ordnance Parachute Factory, Kanpur and was working on the post of Ticket-sorter having been employed in the year 1962. Sometime in October 1967 the appellant in view of his illness proceeded to his village Kundar, district Fatehpur and sent a leave application through his friend and kinsman Sri Vijay Shanker Shukla. Another application was also sent by post. No reply to the two applications so sent by the plaintiff was received. However, on January 17, 1968 the appellant received a notice dated January 11, 1.968 from the defendant that he has ceased to be in Government service due to his absence for three months and on account of such absence it would be deemed that the appellant has resigned.
(3.) The appellant contested the said notice alleging that it is by way of punishment and hence not warranted by law. Further no show-cause notice was served on the appellant before the termination of his service nor the plaintiff was given an opportunity to be heard. It was thus submitted that the provisions of Article 311(2) of the Constitution has not been complied with and as such the termination order is bad, illegal and ultra vires.;