TEK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal is filed under Section 100 of Code of Civil Procedure, 1908 (CPC) against the judgment of the first appellate court dated 2.7.2013 which allowed the appeal filed by the defendant in the suit against the judgment and decree dated 13.4.2012 of the trial court. Trial court by the judgment and decree dated 13.4.2012 while holding the appellant/plaintiff unable to substantiate grounds for setting aside the disciplinary proceedings, thereafter yet held that the punishment imposed of dismissal from services was disproportionate to the chargesheet of not joining back the duty and hence directed reinstatement of the appellant/plaintiff with the consequential benefits.

(2.) THE first appellate court set aside the judgment of the trial court by referring to the fact that once the case against the appellant/plaintiff was proved before the disciplinary authority of his having wrongly not joined back the services, and consequently he had to be discharged from service, the trial court ought not to have, in a case which was not even pleaded by the appellant/plaintiff of disproportionate punishment, reinstated the appellant/plaintiff in service with all consequential benefits.

(3.) IT is conceded before me on behalf of the appellant/plaintiff that the appellant/plaintiff did not challenge the findings against him of his being unsuccessful in seeking setting aside of the disciplinary proceedings holding the appellant/plaintiff guilty. Once that is so, and there is no plea which was raised by the appellant/plaintiff of disproportionate punishment, and for which reason no such issue was framed, trial court could not have reinstated the appellant in service effectively by setting aside the dismissal order though it had upheld the dismissal order simultaneously.