STATE OF GUJARAT Vs. M D JOGAL

JUDGEMENT

(1.) BY way of present appeal, the appellant-State has inter alia challenged the legality and validity of the judgment and order dated 27th September 1996 passed by Extra Assistant Judge, Junagadh in Civil Appeal No.26 of 1988, confirming the judgment and decree dated 22nd December 1987 passed by Civil Judge (Senior Division), Junagadh in Regular Civil Suit No.322 of 1985.

(2.) IT is the case of the appellant that the appellant-State is the original defendant and the respondent herein is the original plaintiff of Regular Civil Suit No.322 of 1985, which was decided by the Civil Judge (Senior Division), Junagadh on 21st December 1987. When the respondent was serving as a Forest Guard from 05th September 1979 at Sidigalal Bit, Dungar Range, the appellant-Department had issued a show cause notice and after conducting the departmental inquiry, the services of the respondent were terminated vide order dated 20th March 1985. Thereafter, the respondent filed aforesaid suit challenging the order of termination on 15th April 1985, which ultimately came to be allowed in favour of the respondent vide judgment and decree dated 21st December 1987. Being aggrieved by the same, the appellant-State preferred Regular Civil Appeal No.26 of 1988, which ultimately came to be dismissed vide impugned judgment and order. Hence, present appeal.

(3.) IN view of aforesaid and in light of the aforesaid decision of this Court, I am of the opinion that the Courts below have assigned cogent and convincing reasons for arriving at the conclusion. Over and above the aforesaid reasons, I adopt the reasons assigned by the Courts below and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Courts below. No case is made out to interfere with the findings recorded by the Courts below. Hence, present appeal deserves to be dismissed.