OM PRAKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Om Prakash Sharma was appointed as an Inspector (Rationing) under the Delhi Administration on April 30, 1966. His services were terminated on September 28, 1966 under Rule 5 of the Central Civil Services (Temporary 'Service) Rules. He filed a suit (S. No. 286/77) for declaration that the order of termination was illegal and for recovery of Rs...74, 965.00 as arrears of pay and allowances. The/suit was listed for his evidence on January 15, 1979. The appellant was present in person but refused to proceed with the matter on the ground that he had gone in appeal to the Supreme Court against the judgment of the Division Bench in F.A.O. (OS) 27/78 and that this court has no jurisdiction to decide the matter which was to be decided by the Supreme Court. He was called upon to produce the evidence but he refused to do so. The learned single judge consequently directed that the suit be treated as dismissed without prejudice to the result of the suit in case he succeeded in the Supreme Court.

(2.) The appellant, thereafter, filed an application (1. A. 1563/81) dated April 30, 1981 under Order 32 Rule 5(2) and Section 151 of the Code of Civil Procedure seekig discharge of the said order dated January 15, 1979 on the ground that he was of unsound mind and suffering from insanity since 1968 till the date of the application. In the later part of the application, however, he stated that now he was able to protect his interests in the litigation. This application was dismissed by a learned single judge of this court by his order dated 0.;tob3r 23,1981. It was for two reasons, namely, (1) that on applicant's own showing he was of unsound mind on the date of the filing of the suit and therefore the suit had not been properly instituted, and (2) that it was impossible at that stage to make an enquiry as to the state of unsoundness of mind and the degree of the soundness of mind which the appellant had at the time of instituting the suit and during the course of hearing of the suit.

(3.) Feeling aggrieved the appellant has filed this appeal.