PORBANDAR NAGARPALIKA Vs. KISHORCHANDRA KRUSHNALAL JOSHI

JUDGEMENT

(1.) The present Second Appeal is filed under Sec. 100 of the Code of Civil Procedure by the original defendant against the judgment and decree dtd. 12/1/2011 passed by the learned Additional District Judge and Presiding Officer, Fast Track Court Porbandar in Regular Civil Appeal No.32 of 1982 , whereby the First Appellate Court has confirmed the judgment and decree passed by the learned Principal Senior Civil Judge, Porbandar in Regular Civil Suit No.17 of 2008.

(2.) The appellant is the original defendant and respondent is the original plaintiff before the Trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the Trial Court, i.e. plaintiff and defendant.

(3.) The brief facts giving rise to the suit of the plaintiff is that; the plaintiff was working as an Octroi Clerk since the year 1962 as permanent employee in the defendant's department. It is contended that the defendants have issued suspension order on 6/8/1981 and has also issued show cause notice. It is alleged by the plaintiff that before issuance of suspension order, prior show cause notice needs to be issued to him. It is contended by the plaintiff that the defendants have not provided him an opportunity of being heard and with malafide intention they have issued suspension order and show cause notice on the same day and also served it on the same day at 03.30 p.m.