BALRAMPRASAD PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Second Appeal by the plaintiff-Government Servant - Balramprasad, was by order dated 24-4-1985 admitted for final hearing on the following substantial question of law :

(2.) FACTS material for decision of this appeal are that the plaintiff was posted as a forester at Para in District Jhabua, M. P. A departmental enquiry on certain charges was initiated against him and he was suspended on 11-9-1975 and dismissed from service on 28-2-1977. Plaintiff presented an appeal to the Conservator of Forests, Indore which was dismissed on 6-12-1977. The plaintiff then preferred review petition against the aforesaid order of the Conservator of Forests to the Chief Conservator of Forests, Bhopal, who by order under challenge, Ex. P/l, dated 6-12-1978 ordered as follows. (The order is in Hindi, and its English translation is given) :

(3.) THE plaintiff after his order took charge as forester on 5-1-1979 in Khargone district. He was thereafter served notice Under Section 80, Civil Procedure Code through his counsel Shri A. N. Pradhan, Ex. P/4, on State Government complaining that the order of Chief Conservator of Forests dated 16-12-1978, Ex. P/l, ordering deduction in pay, wihholding annual increment for two years of the plaintiff and treating the suspension period as leave without pay was in violation of principle of natural justice, equity and good conscience and liable to be quashed. On his demand contained in the notice not being fulfilled the plaintiff filed suit in the Court of Civil Judge Class I, Jhabua on 26-11-1981.