NCERT & ANR Vs. SURINDER NATH & ANR

JUDGEMENT

(1.) Impugned in this appeal is the judgment and decree of the Trial Court dated 13.02.1989 and that of the First Appellate Court dated 18.02.1991, whereby the suit filed by the Respondent for declaration and permanent injunction was partly decreed and he was granted the relief of declaration as prayed by him.

(2.) Precisely, the facts which led to the filing of the suit by the Respondent No.1 are that Respondent No.1 (plaintiff in the suit) was appointed as a Lecturer in Agriculture, Regional College of Education, Mysore on 22.09.1964 by the Director of the appellant, National Council of Educational Research & Training (hereinafter referred to as Council ) (defendant in the suit). He was appointed in substantive capacity w.e.f. 1.11.1965 by the appellant Council vide letter dated 15.11.1969. Respondent was transferred and posted as Assistant Field Advisor at Trivendrum (Kerela) vide letter dated 27.09.1978. However, Respondent did not go to the place of transfer and instead took leave on medical ground that he was suffering from heart ailment. Respondent failed to report to his duty either in Delhi or in Trivendrum till 24.4.1979. Respondent disputed the receipt of Transfer letter which according to him was received by him only in the Court. On 16.05.1979 Appellant No.2 (Director) suspended the Respondent and also initiated departmental proceedings against him. The inquiry officer found him guilty of grave misconduct and submitted his report. Consequently, the Director dismissed him from his services vide order dated 10-11.8.1982.

(3.) Respondent challenged the legality and validity of the suspension letter dated 16.05.1979, as well as his dismissal order dated 10-11.8.1982, by way of a civil suit for declaration and permanent injunction.