NAJA HAMIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant-plaintiff, being aggrieved by the judgment and decree dated 17th March, 1983 passed in Civil Regular Appeal No. 78/82 by the learned District Judge, Junagadh, reversing the judgment and decree passed in Regular Civil Suit No. 138/80 by the Court of 3rd Joint Civil Judge [S.D.], Junagadh, whereunder the learned trial Judge had decreed the suit, has preferred this appeal under Section 100 of the Code of Civil Procedure.

(2.) The facts necessary for disposal of the present appeal in nutshell are that the plaintiff was appointed as Beat Guard on purely temporary basis against permanent post on 23.3.78. The appointment order provided that in case, the plaintiff was to leave job, then, he would be required to give one month's notice or in the alternative, forego salary of one month. However, a declaration was sought from the plaintiff employee in favour of the State that the State would be entitled to remove him from the services.

(3.) For a period between 22.10.78 and 9.11.78, the plaintiff was on leave, but in between on 27.10.78, theft of bamboo sticks was reported to the authorities. The authorities, finding that one Shri Gajera and yet another man might have been involved or lacked in discharge of duties, subjected those two persons to the departmental inquiry. Departmental inquiry ended in favour of Shri Gajera and he was exonerated. However, the plaintiff was removed from service with effect from 3.11.78. The order was an order of simple discharge or removal simplicitor.