SUBHASH CHANDRA DUBEY Vs. BHARTIYA SANGH & ANR.

JUDGEMENT

(1.) Being aggrieved by judgment and decree dated 17-2-2005 passed by I ADJ, Neemuch in Civil Appeal No. 8-A/04 whereby the Judgment and Decree dated 26-4-2004 passed by I Civil Judge class-I in civil suit No. 4-A/95 was confirmed and the suit filed by the appellant was dismissed, the present appeal has been filed.

(2.) Short facts of the case giving rise to this appeal are that appellant filed suit against the Respondents on 19-6-95 with a prayer that the order of retirement of the appellant dated 16-7-91 and the revisional orders dated 4-6-94 and 3-6-95 be quashed with a further direction that appellant is still in service and is entitled for consequential benefits.

(3.) In the suit, it was alleged that the appellant was born on 15-6-63 and completed his education from Post Degree College, Ajamgarh in the year 1983. The appellant was appointed as Constable in 48th Battalion on 14-6-83 and was confirmed on the said post on 14-6-86. Further case of the appellant was that career of the appellant was untarnished since 1991. Further case of the appellant is that two months' leave was granted but on account of sickness, appellant overstayed upto 15-7-1991 and joined his duties at Jammu & Kashmir on 16-7-1991 and also submitted his medical certificate along with application for extension of leave for a period of one month. It was alleged that the Officer-in-charge before whom the application was submitted by the appellant became annoyed and threw away the application and medical certificate, upon which the appellant submitted that attitude of the concerned officer is not understandable. It is alleged in the plaint that officer-in-charge asked the appellant that if his attitude is not understandable to the appellant then appellant may resign. It is alleged that Senapati, who was officer-in-charge took the application from the appellant for his discharge and discontinued the appellant from his service. It was further alleged that at the time of issuance of discharge certificate, it was mentioned in the discharge certificate that career of the appellant is bad. In the plaint, it was alleged that such type of entry in the record can only be made by the Magistrate after the trial which indicates the malafides of the concerned officer. It was alleged that against the order dated 16-7-1991, the appellant submitted a review petition but the same was dismissed by the Deputy Inspector General vide order dated 3-4-1995, hence suit was filed wherein validity of the orders were challenged.