STATE OF MYSORE Vs. VISHWANATH RAMAKRISHNA NAIK

JUDGEMENT

(1.) This is a defendant's second appeal against the decree passed by the Civil Judge, Karwar, in C.A.No.951/1965 confirming the decree passed by the Munsiff, Karwar, in O.S.No.31/1964.

(2.) The respondent-plaintiff brought the suit for a declaration that the order of dismissal dt. 19th of November 1960 passed by the Divisional Controller is invalid and for arrears of salary of Rs.706. The case of the plaintiff is that in pursuance of certain charges framed on the 27th of July 1960, he was dismissed from the post of a Conductor, which he held, by the Divisional Controller on the 19th of November 1960. The case of the plaintiff is that he was denied reasonable opportunity of defending himself and that the authority which conducted the enquiry being a biased authority there was a violation of the principles of natural justice. It has further asserted that the charges framed are not clear and intelligible. In support of the plaintiff's case, he relied upon the previous enquiries and the attempts made to punish the plaintiff. One case ended in a decree in his favour in a suit filed by him and another case ended in an order of stoppage of one increment. In this background, it was asserted that the same authority which was responsible for holding the previous enquiries was really biased. The defendant-State resisted the suit on various grounds. It denied the allegation of bias and further contended that the enquiry was made in accordance with the rules after affording adequate opportunity to the plaintiff to defend himself. There was a further specific plea taken by the defendant to the effect that the Court of Karwar had no territorial jurisdiction to entertain and dispose of the suit.

(3.) The suit was originally filed in the Court of the Civil Judge at Karwar, A preliminary issue was framed in regard to the territorial jurisdiction. The learned Civil Judge recorded a finding in favour of the plaintiff and held that he had jurisdiction to entertain the suit. Thereafter the suit stood transferred to the Court of the Munsiff of Karwar consequent upon the coming into force of the Mysore Civil Courts Act, 1964. The learned Munsiff after considering the evidence placed by the parties decreed the plaintiff's suit. The said decree was challenged by the State in appeal. The plaintiff also filed his cross-objections. The learned Civil Judge dismissed the appeal as well as the cross-objections and confirmed the decree passed by the trial Court. Hence this second appeal by the defendant-State.