SHIV DARSHAN YADAV Vs. EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 19.12.2013 passed in Civil Appeal No.198 of 2013 (Shiv Darshan Yadav Vs. Adhishashi Abhiyanta) and judgment and decree dated 31.07.2013 passed by the trial court in Original Suit No.842 of 2011 (Adhishashi Abhiyanta Vs. Shiv Darshan Yadav).

(2.) The brief facts of the case for adjudication of the instant second appeal are that the appellant Shiv Darshan Yadav was appointed under dying in harness as junior clerk in place of his alleged adoptive father namely Kanhaiya Lal on the basis of an alleged adoption deed dated 11.08.1995. A complaint was made by one Mukesh Kumar Srivastava, a social worker on 27.05.2011 to the District Magistrate, Faizabad alleging that the appellant has obtained the service on the basis of a fraudulent adoption deed and requested for a magisterial enquiry. In pursuance thereof an enquiry was conducted by the City Magistrate, Faizabad. On the basis of the Enquiry Report, submitted after recording statement of the appellant, the District Magistrate, Faizabad written letters dated 20.06.2011 and 21.06.2011 to the officers of the Electricity Department to take action against the appellant. In pursuance thereof the appellant was suspended vide order dated 30.12.2011 and the Original Suit No.842 of 2011 was filed by the respondent before the Additional Civil Judge, Junior Division-IV, Faizabad for cancellation of Adoption Deed dated 11.08.1995.

(3.) The appellant challenged the suspension order before this Court in Writ Petition No.952 (S/S) of 2012. The writ petition was dismissed on 02.02.2012 with direction to the opposite parties to conclude the enquiry within a period of four months. After submission of Enquiry Report, the appellant was reinstated vide order dated 10.04.2012 subject to judgment in Original Suit No.842 of 2011 pending in the Court of Civil Judge, (Jr. Division) Sadar, Faizabad. The suit was decreed after evidence and opportunity of hearing by means of the judgment and decree dated 31.07.2013. Being aggrieved the civil appeal No.198 of 2013 was filed by the appellant which was also dismissed vide judgment and decree dated 19.12.2013. Hence, the instant second appeal.