G.S.R.T.C. Vs. LALAJIBHAI LAVAJIBHAI

JUDGEMENT

(1.) This appeal, under Section 100 of the Code of Civil Procedure, is at the instance of original defendants against whom the respondent-plaintiff filed Regular Civil No. 1054 of 1987 seeking declaration that the charge-sheet dated 8th April 1981, the order of punishment dated 31st March 1982 confirmed by the 1st and second Appellate authorities are illegal, improper and in violation of principles of natural justice. It is further prayed in the suit that the defendants have no authority to withold any increments of the plaintiff in pursuance of the aforesaid order of punishment. The plaintiff has also prayed for injunction restraining the defendants from implementing or acting upon the order of punishment passed by the defendants. It is the case of the plaintiff that the defendants had served charge-sheet dated 8thApril 1981 alleging that the plaintiff had committed acts of misconduct on 20th February 1981 and a departmental inquiry was conducted and ultimately the order of punishment imposing punishment of stoppage of three increments with permanent effect was imposed by the defendant No. 3 by the order dated 31st March 1982. It is the further case of the plaintiff that the order of punishment is in gross violation of principles of natural justice as the plaintiff was not given proper opportunity to defend his case and the finding arrived at by the departmental authority is based on surmises and conjectures and therefore, the order of punishment is illegal, unjust and improper.

(2.) The suit was resisted by defendants by filing written statement wherein it was pointed out that during the 16 years service period of the plaintiff, the plaintiff had committed at least 14 misconducts and in one case, the plaintiff was already dismissed from service but thereafter he was taken back in service. It is also stated that the plaintiff was given full opportunity to defend his case and after following due departmental proceedings, punishment of stoppage of three increments, was imposed upon him and therefore, there was no breach of principles of natural justice. The defendants also raised objection with regard to the jurisdiction of the Civil Court, to decide the suit of the plaintiff.

(3.) The main issue framed by the learned trial judge was to the effect that whether the order of punishment dated 31st March 1982, confirmed by the Appellate authority was illegal and in breach of principles of natural justice.