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1963 Supreme(Pat) 103

R.K.CHOUDHARY, A.B.N.SINHA
Gangadhar Pandey – Appellant
Versus
Union Of India – Respondent


Judgment

R.K.Choudhary, J.

1. This is an appeal by the plaintiff whose suit, for declaration that his removal from service was wrongful, illegal, ultra vires and without jurisdiction and that he still continued to be in service, and for recovery of his salary from the date of dismissal, has been dismissed by the learned Additional Subordinate Judge, Chapra. The plaintiff was appointed as Assistant Station Master in July, 1949 and posted at Tirki Railway station in the district of Gonda. At the time when the incident which resulted in his removal happened, he was posted as Assistant Station Master at Barauni Junction railway station on the North Eastern Railway. At the relevant period, he was the Branch Secretary of the North Eastern Railway Mazdoor Union, Samastipur Branch, a legal body having a legal existence under the Trade Unions Act of 1926 and duly recognised by the railway management. It is alleged that on the 9th of June, 1956, the plaintiff forced entry in the office room of the District Mechanical Engineer, Sonepore, without his permission and, on objection being raised by the District Mechanical Engineer, and his refusal to discuss any matter with him, the plaintiff becam

























































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