RAM KUMAR GUPTA Vs. CANARA BANK

JUDGEMENT

(1.) THE present appeal has impugned the judgment and decree dated 06.1.2004 which has endorsed the finding of the trial judge dated 7.9.1999 whereby the suit filed by the plaintiff i.e. Ram Kumar Gupta seeking declaration to the effect that he be treated to be in continuation of service w.e.f. the date of his termination order i.e. the letter dated 18.6.1984; with further prayer that a decree in the sum of Rs.13,218.57 (arrears w.e.f. 18.6.1984 to 30.11.1984 i.e. the date of the filing suit) along with subsistence allowance be paid in his favour had been dismissed.

(2.) PLAINTIFF was appointed as a typist/clerk in 1960 in Pratap Bank Limited, Chandani Chowk Branch. The said bank was amalgamated with the Lakshmi Commercial Bank Ltd (LCB). Plaintiff became an employee with the LCB on 13.6.1975. Plaintiff was promoted to the post Junior Officer at Tri Nagar Branch at a monthly salary of Rs.1365.00 per month; he was on probation for six months which was completed on 13.12.1975. On 12.12.1975 an alleged fraud took place in the branch where the plaintiff was posted. FIR was lodged; plaintiff was placed under suspension on 24.12.1975. Thereafter without holding any enquiry, the services of the plaintiff was terminated. This was a gross violation of rules of natural justice. LCB was a statutory body and without an enquiry the plaintiff could not have been terminated.

(3.) ON the pleadings of the parties on 18.11.1987 the following six issues were framed: