STATE OF MADHYA PRADESH Vs. RAJENDRA KUMAR JAIN

JUDGEMENT

(1.) THIS writ petition is filed against the impugned order dated 19-2-1999 passed by the M.P. Administrative Tribunal, Jabalpur in T.A. No. 4353/88, affirming the judgment and decree passed by the Civil Judge, Class I, Rajnandgaon in Civil Suit No. 37-A/86, dated 11-9-1986. Before re-organization of the State, the instant writ petition was filed through Secretary, Govt. of M.P., Home (Jail) Department and after re-organisation of State of Madhya Pradesh, since the matter relates to the newly created Chhattisgarh State, the case has been transferred to this Court.

(2.) BRIEF facts of the case are that the father of the respondent No. 1. Rajendra Kumar Jain was working as Warder at Sub Jail, Rajnandgaon. He joined the service on 25-8-1971 and his services were terminated vide order dated 1-6-1978. The order of termination was challenged before the Civil Court at Rajnandgaon in Civil Suit No. 37-A/1986. The Civil Court by judgment and decree dated 11-9-1986 decreed the suit in favour of the employee and quashed the order of termination.

(3.) LEARNED Counsel appearing for the respondent No. 1 has submitted that there are concurrent findings of facts to the effect that the Superintendent, Sub Jail was not competent to pass the impugned order of termination which has been affirmed by the Court of Civil Judge as well as at the appellate stage by the State Administrative Tribunal.