GURMEET SINGH GROVER Vs. ENGINEER INDIA LTD

JUDGEMENT

(1.) THE challenge by means of this Regular Second Appeal (RSA) filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Appellate Court dated 05.08.1999 setting aside the judgment of the original court of the Civil Judge dated 07.10.1997. By the judgment dated 07.10.1997, the Civil Judge had decreed the suit of the appellant/plaintiff for declaration and damages and held that the appellant/plaintiff continued to be in service by setting aside the order of dismissal passed by the disciplinary authority and the appellate authority. The Civil Judge directed the respondent/defendant to give the same punishment to the appellant/plaintiff as was given to one Mr. Virmani, involved in the incident.

(2.) THE facts of the case are stated in the order of the disciplinary authority dated 01.02.1989, Ex. PW -1/6 and which read as under:

(3.) THAT an enquiry was conducted and that the Enquiry Officer gave his report is not in question. Further, that disciplinary authority accepted the report of the Enquiry Officer with its additional reasons, is also not disputed. And the fact that the departmental appeal was rejected by the appellate authority, is also not in question. The subject suit was however filed by the appellant/plaintiff seeking to set aside the orders of the disciplinary authority, in whose order the report of the Enquiry Officer merged, and the appellate authority.