SH. J.P. DIXIT Vs. THE MANAGING COMMITTEE, SCHOOL OF CORRESPONDENCE AND CONTINUING EDUCATION, UNIVERSITY OF DELHI AND ORS.

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 04.12.2004 which had affirmed the finding of the trial judge dated 23.8.2003 whereby the suit filed by the Plaintiff J.P. Dixit seeking declaration and mandatory injunction to the effect that his termination order dated 18.6.1984 by Defendant No. 1 (the Managing Committee, School of Correspondence Courses, University of Delhi) be declared null and void had been dismissed.

(2.) PLAINTIFF is the Appellant before this Court. In his amended plaint it had been averred that the Plaintiff is an employee of Defendant No. 1; his termination order dated 18.6.1984 is malafide; he is a victim of circumstances. It was contended that Defendant No. 1 is subordinate to the management of Defendant No. 2 (Executive Council, Delhi University) and is managed by Defendant No. 2 and Defendant No. 3 (Delhi University). Services of the Plaintiff were governed by the "Terms and Conditions of Service and Conduct Rules of the University Non Academic Employees, 1971" (hereinafter referred to as "the Service Rules"). Enquiry officer had illegally been appointed to enquire into the conduct of the Plaintiff. All the charges leveled against him were fabricated and false. During the course of the enquiry proceedings a suit had also been filed by the Plaintiff seeking a stay of the enquiry proceedings but the said suit was dismissed. It is contended that the termination of the services of the Appellant was illegal and against the rules of natural justice; the said termination order was liable to be set aside.

(3.) ON the pleadings of the parties, the trial judge had framed the following seven issues: