NEMICHAND Vs. M P FINANCIAL CORPORATION

JUDGEMENT

(1.) THIS is plaintiffs appeal under Section 96 of the Code of Civil Procedure, directed against the judgment and decree passed on 30th April, 1991 by the XI Addl. Judge to the Court of District Judge, Indore in Civil Suit No. 143-A/89, dismissing appellant's suit for declaration and recovery of arrears of pay etc.

(2.) APPELLANT/plaintiff Nemichand has died during the pendency of this appeal and is now represented by his LRs Smt. Sushilarani and four others. Late Nemichand was an employee of the M. P. Financial Corporation, Indore. He was appointed on 25th June, 1960. A regular departmental enquiry was initiated against him vide memo No. 271/c/68-69, dated 3-6-68 on certain charges. The departmental enquiry was conducted by one S. K. Pandit, Secretary of the defendant Corporation. The Enquiry Officer vide his report dated 7-9-1968 held the plaintiff guilty of the charges. On receipt of the said report the disciplinary authority, i. e. , the Managing Director of the defendant Corporation served the plaintiff with a show-cause notice dated 10-9-68, calling upon him as to why the report be not accepted and the penalty of dismissal be not imposed on him. The plaintiff submitted his reply on 11-10-68. The disciplinary authority by a detailed order dated 26-11-68 purporting to act under Regulation No. 40 of the M. P. Financial Corporation (Staff) Regulations, 1958 (for short "the Regulations") imposed major penally of dismissal on the plaintiff making the order effective on the date of service thereof on the plaintiff. Departmental appeal preferred against this order of dismissal, was also dismissed by the Board of Directors of the defendant Corporation.

(3.) LATE plaintiff Nemichand challenged the aforesaid order of dismissal before this Court by filing a petition (M. P. No. 61/69) under Art. 226/227 of the Constitution of India. The petition was opposed by the defendant Corporation. A Division Bench of this Court vide order dated 3-11-72 dismissed the petition upholding the order of dismissal passed against the plaintiff. S. L. P. filed by the plaintiff against the order of the High Court was also dismissed by the Supreme Court in limine on 15-11-73.