BARODA DISTRICT PANCHAYAT Vs. RAMESH MANALAL MISTRY

JUDGEMENT

(1.) By way of the present Second Appeal, the appellants, original defendants, have challenged the judgment and order dated 27th August 1997 passed by the learned 5th Joint Extra Assistant Judge, Baroda dismissing Regular Civil Appeal No. 90 of 1996 preferred by the present appellants and confirming the judgment and decree dated 6th May 1995 passed by the learned 3rd Joint Civil Judge, S.D., Baroda in Regular Civil Suit No. 538 of 1994.

(2.) Shorts facts of the case are that the original plaintiff was working as Talati-cum-Mantri. It is the case of the plaintiff that because he took strict action against some persons encroaching Government land and recovered some Rs.10 to 15 thousands from such persons, the plaintiff was victimized and was falsely involved in a case of taking illegal gratification of Rs.500/-. A notice was therefore issued to the plaintiff. Ultimately, the plaintiff was removed from service. The plaintiff challenged the removal order by filing Regular Civil Suit No. 538 of 94 before the Civil Judge, S.D., Baroda and prayed for a declaration that the order passed by the present appellants is null and void and he be reinstated in service. The learned trial Judge partly allowed the suit. Aggrieved, the present appellants preferred Regular Civil Appeal No. 90 of 1996 and the learned 5th Extra Judge, Baroda dismissed the appeal and confirmed the order passed by the learned trial Judge.

(3.) I have heard Mr. Munshaw for the appellants and Mr. Tushar Mehta for the respondent. I have also perused the records of the case.