HIRALAL JIVABHAI CHAVDA Vs. DISTRICT PANCHAYAT

JUDGEMENT

(1.) By way of the present appeal, the original plaintiff has challenged the judgment and decree passed by Second Joint District Judge, Junagadh in Regular Civil Appeal No. 25 of 1997 whereby the learned Judge has dismissed the appeal and thereby confirmed the order passed by the learned Civil Judge [S.D]. Junagadh in Regular Civil Suit No. 643 of 1992.

(2.) Short facts of the case are that the present plaintiff was working as Deputy Accountant in the District Panchayat, Junagadh and at the relevant time was working as Deputy Accountant in the office of Taluka Development Officer, Veraval. The plaintiff was served with a charge sheet. The plaintiff filed a reply. Subsequently a departmental inquiry was initiated against the plaintiff. Ultimately, an order dated 07.11.92 was passed reducing his pay and placing him in the minimum pay in the grade of 1400-2600 etc. The said order was challenged by filing Regular Civil Suit No. 643 of 1992 before the learned Civil Judge [S.D]. Junagadh praying for a declaration that the impugned order of reducing the plaintiff's present pay to the minimum pay passed by the District Development Junagadh is void and not binding to the plaintiff. The defendants filed an application Exh. 68 stating that the Civil Court has no jurisdiction to entertain the suit. The trial Court therefore dismissed the suit on 30.1.97. Feeling aggrieved, the appellant preferred Regular Civil Appeal and the appeal was also dismissed. The original plaintiff has therefore preferred the present Second Appeal.

(3.) Heard learned advocate Ms. Sejal Mandavia for the appellant and Ms. Nayna Panchal, learned advocate for the respondents.