STATE OF GUJARAT Vs. RAMJIBHAI LAKHUBHAI VALA

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 96 of the Code of Civil Procedure,1908 ['cpc', for short] challenging the common judgment dtd. 17/10/2000 passed by the District Judge, Junagadh below Exh.23 in Regular Civil Appeal No.107 to 110 of 1990.

(2.) The respondents herein had filed Regular Civil Suit No.189 of 1989 and along with the said suit one Shantilal Bhimjibhai Patel had filed Regular Civil Suit No.185 of 1989, Kailashbhai Sharma filed Regular Civil Suit No.186 of 1989 and the present respondent had filed Regular Civil Suit No.189 of 1989 and the said suits that were filed were for declaration that the order of original defendant no.2 dismissing the plaintiff from the service of a police constable is illegal and further sought for injunction that the plaintiffs are still continued in the service and as all the three suits had some history of their cases and defence taken by the defendants in all the cases were same, all the three suits were decided by common judgment passed on 30/12/1989, whereby all the three suits were allowed and the order of dismissal of original defendant no.2 was held illegal and void and it was further declared that plaintiffs are still continued in services irrespective of the above impugned orders of dismissal and it was further ordered that the plaintiffs be reinstated in their original services and the defendants were perpetually restrained from taking over possession of their quarters allotted to the plaintiffs on the strength of dismissal order passed by them. The said judgment and decree passed in Regular Civil Suit No.185 of 1989, Regular Civil Suit No.186 of 1989 and Regular Civil Suit No.189 of 1989 were challenged by the State by way of filing Regular Civil Appeal No.107 of 1990 which was filed against Regular Civil Suit No.185 of 1989, Regular Civil Suit No.108 of 1990 which was filed against the judgment that has been passed in Regular Civil Suit No.186 of 1989 and the Regular Civil Suit No.189 of 1989 which was filed by the present respondents was challenged by present appellants by way of Regular Civil Appeal No.110 of 1990 and the said appeal was dismissed by the first appellate Court vide common judgment and decree passed in Regular Civil Suit No.185 of 1989, Regular Civil Suit No.186 of 1989, Regular Civil Suit No.499 of 1988 and Regular Civil Suit No.189 of 1989 dtd. 30/12/1989 were confirmed by the first appellate Court by the order dtd. 17/10/2000. Hence, the present Second Appeal.

(3.) Brief facts of the case on hand are that the respondent herein - original plaintiff was serving with the police department as Armed Police Constables at Junagadh. Th original plaintiff was served with the order of dismissal from the service by the appellant No. 2 herein without holding any departmental inquiry against them. It is the case of the respondent - original plaintiff that he had served the department to their satisfaction and even, no adverse remarks were passed against them. It is the case of the plaintiff that in the year 1984 - 1985 the plaintiff was forced by their co-employees to participate in the activities of the union and therefore, the plaintiff was active member of the union and held the post in the union. Thereafter the government declared the said police union derecognized as police employees at Ahmedabad had given a call of strike in July 1988. It is further the case of the plaintiff that he had not taken any part in the union activities thereafter. In the Junagadh district, all the employees had remained present on duty because of the command of the State Government of not to go on leave. Thus, there was no reason to indulge the plaintiff in the aforesaid activities and resultant action against them. Te appellant No. 2 herein thereafter issued order of dismissal on 27/7/1988, without holding any inquiry against the respondent - plaintiff and without given any opportunity of being heard.