STATE OF GUJARAT Vs. BALUBHAI ARJANBHAI

JUDGEMENT

(1.) This appeal filed under Sec. 100 of the Civil Procedure Code ('the Code' for short hereinafter) questions legality, validity and propriety of the judgment and decree dated January 30, 1980 rendered by learned District Judge, Amreli in Regular Civil Appeal No. 58 of 1977 by which judgment and decree dated April 11, 1977 declaring the orders under challenge were illegal and void recorded in Regular Civil Suit No. 234 of 1975 by the learned Civil Judge (S.D.), Amreli was confirmed and maintained by dismissing the appeal.

(2.) The suit in question was filed by the respondent for the relief of declaration that the orders Exh. Nos. 35, 27, 36, 37, 38, 39 and 30 relating to departmental inquiry were null and void since same were made against the rule of natural justice and contrary to the rules of departmental inquiry and also for further consequential relief of mandatory injunction to reinstate him in service and give him arrears of pay, increments, promotions and also other benefits.

(3.) The appellant was the original defendant whereas the respondent was the original plaintiff and for the sake of convenience and brevity they shall be referred to as plaintiff and defendant in this judgment.