JAWAHAR LAL UNIVERSITY Vs. BIRBAL TOKAS

JUDGEMENT

(1.) THE Plaintiff Birbal Tokas was employed as a physical instructor at the Jahawhar Lal University w.e.f. 03.7.1986. J.S. Khanna had been appointed as a Registrar in the Defendant University in the year 1983. His wife was a qualified physical instructor. J.S. Khanna wanted to get his wife appointed to the post of physical instructor; as such he wanted the service of the Plaintiff to be terminated. The Plaintiff was under suspension on 22.6.1986 on false allegations which were leveled against him; allegation being that he had beaten Allen and Rajender Kumar, daily wagers of the University. Departmental proceedings were conducted against the Plaintiff. His services were thereafter terminated on 03.7.1986. The present suit was filed by the Plaintiff seeking a declaration that the proceedings before the Departmental Authority be declared null and void and he be reinstated in service.

(2.) TRIAL Judge on the pleadings of the parties had framed the following three issues:

(3.) IN appeal, vide impugned judgment dated 29.9.2001 the findings of the trial judge were reversed. It was held that the delinquent was not granted opportunity to defend his case through a defense assistant; there has been a violation of the principles of natural justice. The appeal was allowed; Plaintiff was held entitled to the declaration prayed for; Plaintiff was thus held to be treated in service with all consequential benefits with effect from the date of his termination.