BABU RAM LALLA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was working as a Rakshak in the Eastern Railway Protection Force. He was posted at Gomoh Railway Station. In pursuance of a departmental proceeding, by an order made on 9-10-63 by the Assistant Security Officer, Railway Protection Force, Eastern Railway Administration, Dhanbad, respondent No. 2, the petitioner was removed from service with effect from 15-10-63. The departmental appeal filed by the petitioner was dismissed sometime in June or July, 1964. Thereafter he challenged his order of removal from service in the civil Court; he filed Title Suit No. 562 of 1964 in the Court of Munsif at Dhanbad. The trial Court dismissed the suit on 29-6-66. Title Appeal No. 83/4 of 1966/69 succeeded before the lower appellate Court. The judgment of that Court dated 10-12-69 is Annexure 1 to the writ application. This judgment shows that the petitioner's removal from service was held to be bad, inter alia, on the ground that it was made in violation of the provisions of Article 311 of the Constitution. Thereafter in regard to the payment of arrears of salary the following order dated 11-5-70 was made by respondent No. 2 (Annexure 2)

(2.) The Union of India representing the Eastern Railway Administration is respondent No. 1 in this writ application. The petitioner challenges the order of respondent No. 2 contained in Annexure 2 on the ground that it is unwarranted by law.

(3.) Mr. Amla Kant Chaudhury, learned Counsel for the petitioner, attacked the order (Annexure 2) by urging the following points