STATE OF GUJARAT Vs. PRAVINCHANDRA POPATLAL PATEL

JUDGEMENT

(1.) The present Second Appeal has been filed by the Appellant-State posing the following substantial questions of law:

(2.) The facts of the case, briefly summarised, are that the Respondent-original Plaintiff filed Regular Civil Suit No. 68/90 before the learned Civil Judge (S.D.) at Gondal for injunction. The Defendant was serving as Wireless Police Sub- Inspector in S.R.P. Gr. No. VIII at Gondal. He was sought to be posted as detachment in-charge, Tamilnadu at Ahmadabad vide oder dated 13.1.1989 which he is said to have failed to comply and report for duty. This led to initiation of departmental inquiry and the order was passed in the departmental inquiry imposing punishment of placing him in the minimum of the scale, which has been challenged by the Plaintiff in the aforesaid Regular Civil Suit No. 68/90 on various grounds.

(3.) After appreciation of evidence and hearing both the sides the trial court decreed the suit restraining the Defendant, the Appellant herein, from giving effect to the said order placing the original Plaintiff in minimum of the scale. Regular Appeal No. 83/97 came to be filed before the District Court, Gondal challenging the said judgment and decree passed by the learned Civil Judge (S.D.) at Gondal. However, it was dismissed and the order passed by the trial court in Regular Civil Suit No. 68/90 was confirmed vide the judgment and order of the lower appellate court dated 2.12.2009. Therefore, the present Second Appeal has been preferred posing the aforesaid substantial questions of law.