R R NAIDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was a Clerk working in the Office of the District Judge at Bilaspur who was removed from service on 10-6-1961. A departmental appeal filed by him was dismissed on 16-12-1968 by the Registrar of the high Court of Madhya Pradesh at Jabalpur. He gave a notice of suit to the state of Madhya Pradesh under Section 80 of the Code of Civil Procedure on 29-5-1971. He filed a suit on 13-9-1971 impleading the State of Madhya pradesh as the sole defendant. The proceedings went up to the High Court and the matter was remanded by the High Court directing that the District judge and the Registrar of the Madhya Pradesh High Court be made parties. Thereafter, the appellant impleaded the District Judge and the Registrar as parties but objection was taken on the ground of limitation.

(3.) The trial court's finding was that the order of removal was bad in law but the suit was barred by limitation as against the District Judge and the registrar. The plaintiff preferred an appeal to the appellate court. The appellate court while confirming the findings on the question of limitation reversed the finding of the trial Judge on merits as to the validity of the removal order and held that it was valid. The plaintiff preferred the second appeal to the High Court. The High Court confirmed the findings in relation to the limitation but again reversed the findings of the first appellate court and held that the order of removal was one in the nature of punishment and was bad for violation of natural justice. The High Court, therefore, dismissed the appeal.