THE CUTTACK MUNICIPALITY AND ORS. Vs. MOHAMMED WASI

JUDGEMENT

(1.) DEFENDANTS in a suit for declaration that Plaintiffs termination of service with effect from 30 -12 -1968 was illegal, void and wrong and without jurisdiction and for a further declaration that he continues to be in service along with other ancillary reliefs are in appeal against the reversing judgment and decree of the Additional District Judge of Cuttack.

(2.) PLAINTIFF was appointed as a Warrant Sarkar by the Executive Officer of the Cuttack Municipality from 1 -10 -1959. Later, he was promoted as Assistant Tax Daroga and while he was serving as such, his service was terminated without assigning a by reason whatsoever. Plaintiff alleged that the order of termination was illegal, incompetent and had emanated from an authority not competent to terminate the service. He applied for review but no favourable orders were obtained. He preferred an appeal to the Director, but the same was also dismissed. In these circumstances, Plaintiff instituted the suit on 8 -9 -1972.

(3.) ISSUE No. 7 was as to whether the claim was barred by limitation. The trial Court found that the Plaintiff had been denied natural justice and, therefore, the order of termination was defective but as the claim was barred by limitation, the suit having been filed beyond three years, no relief was available to him. The judgment and the decree of the trial Court have been reversed by the Additional District Judge. Hence this second appeal.