S.K.DATTA, J. - (1.) THIS appeal is by a dismissed Government servant, Makhanlal Dey, against the Union of India and raises questions regarding the construction of Articles 309, 310 and 311 of the Constitution.
(2.) THE more relevant facts necessary for appreciating the controversies of law Involved In this appeal are given herein below In the next two paragraphs: In 1937 the plaintiff, Makhanlal Dey, was employed as an estimator in the Military Engineering Service commonly known as M.E.S. He was thereafter promoted to the rank of a Superintendent and ultimately employed at the relevant time as a Sub -divisional Officer, commonly known as S.D.O. The plaintiff was accordingly admittedly at all material times a civilian in the Defence Service.
(3.) ON 16 December 1919 a chargesheet was made over to him which contained inter alia charges of negligence In the course of his duties. On 23 November 1949 the Constitution of India came Into force. On 5 September 1951 the Chief Engineer, Eastern Command, dismissed the plaintiff. In 1952 the plaintiff filed an appeal. On 26 November 1953 the said appeal was rejected and the order of dismissal was confirmed. On 15 September 1054 the plaintiff filed a suit for declaration before a Subordinate Judge at Alipore, 24 -Parganap, that the order of dismissal dated 5 September 1951 and the final order dated 28 November 1953 were bad In law and without Jurisdiction and that ht should be declared as still in service. On 26 March 1959 the suit was decreed In favour of the plaintiff. On 26 April 1960 an appeal was preferred against the said judgment and decree. On 16 January Sri S.N. Bagchi the then Additional District Judge, First Court, Alipore, allowed the appeal and dismissed the suit. Thereafter, on 25 April 1980 this appeal was presented In this Court.;