CONSERVATOR OF FOREST Vs. L M SORATHIYA

JUDGEMENT

(1.) GUJARAT invoking jurisdiction of this court under section 100 of the Code of Civil Procedure, 1908 31st seeks to challenge judgment and order dated August, 1999 of learned 2nd Extra Assistant Judge, Junagadh in Regular Civil Appeal No.146 of 1991. The Assistant Judge dismissed the appeal of the State, and in turn confirmed the judgment and decree dated 14th December, 1990 passed by learned Civil Judge (S.D.), Junagadh in Regular Civil Suit No.873 of 1983.

(2.) THE aforesaid suit was instituted by the respondent-plaintiff arraigning Conservator of Forest, Junagadh and State of Gujarat-defendant Nos.1 and 2 respectively, for declaration and permanent injunction. The plaintiff sought declaration that the 30th order of penalty dated September, 1983 be declared illegal. Further direction was prayed for against the defendants to sanction the yearly increments which had become due. The penalty imposed on the plaintiff as per the aforesaid order was of lowering him in the pay-scale at Rs.350 for one year, pursuant to departmental inquiry held against him. 2.1 The trial court granted the declaration and injunction as prayed for and the same was confirmed by the lower appellate court as stated above. The present appeal came to be admitted upon formulation of the following questions as substantial questions of law:

(3.) HEARD learned Assistant Government Pleader Mr.Rahul Dave for the appellant and learned advocate Ms.Sejal K. Mandavia for the respondent.