SHRI GURDIAL SINGH Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) The present second appeal under Section 100 CPC is directed against the judgment and decree dated 05.05.2014 passed in RCA No. 10/13 preferred by the plaintiff-appellant to assail the judgment and decree dated 10.07.2013 passed by the learned Civil Judge (Central), Tis Hazari Courts, Delhi, in a suit filed by the plaintiff-appellant titled, 'Gurdial Singh Vs. BSES Rajdhani Power Ltd.' being Suit No. 245/13. By the impugned judgment, the said first appeal has been dismissed by the learned Additional Senior Civil Judge, South East District, Saket Court Complex, New Delhi, i.e. the first appellate court. The trial court had similarly dismissed the appellant-plaintiff's suit by the judgment and decree dated 10.07.2013.

(2.) The appellant-plaintiff had filed the suit to seek a declaration and mandatory injunction to assail the penalty of reduction to the minimum of the scale of the post held by him, for the period of five years, and it was directed that the appellant shall not earn any increment during the period of reduction, and further that the reduction will have the effect of postponing his future increments. The said penalty was imposed vide order dated 12.09.2000. The appellant-plaintiff sought a declaration that the said penalty order dated 12.09.2000 be declared as perverse, null, void, illegal and arbitrary. He also sought consequential relief of payment of the illegally deducted amount along with interest. He also sought a mandatory injunction to seek a direction to the respondent-defendant to grant him all consequential benefits of pay and allowances reduced on the basis of the said penalty order dated 29.08.2000 along with interest.

(3.) The respondent-defendant upon being summoned contested the suit by filing a written statement. The trial court framed the following issues on 01.05.2002: