C.A.VAIDIALINGAM, J.C.SHAH, K.SUBBA RAO, S.M.SIKRI, V.RAMASWAMI
A. G. BENJAMIN – Appellant
Versus
UNION OF INDIA – Respondent
Judgment
RAMASWAMI, J.
( 1 ) THIS appeal is brought from the judgment of the Punjab High court, dated 3/11/1965 in Letters Patent Appeal No. 21-D of 1965
( 2 ) THE appellant-A. G. Benjamin-was temporarily employed as a Stores Officer in the central Tractor Organisation with effect from 14/09/1949. As he was not a confirmed government servant. his services could be terminated under Rule 5 of the central Civil service (Temporary Service) Rules 1949 with one months notice on either side. Under this rule the services of the appellant were terminated on 23/04/1954, the date on which the notice was served upon him. It appears that there were certain complaints made against the appellant while he was employed as Stores Officer in the central Tractor organisation. In respect of these complaints the Chairman of the central Tractor Organisation sent a notice to the appellant asking him to show cause why disciplinary action should not be taken against him. At first Sri Bhagwan Singh, Deputy Chairman of his Organisation was appointed as Enquiry Officer, but on his transfer Sri R. N. Mathur, was appointed on 13/08/1953 to conduct the enquiry. Before the enquiry could be completed, the Chairman rec
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