ZILA PARISHAD Vs. CHAMAN LAL BAHRI

JUDGEMENT

(1.) THE plaintiff-respondents' suit for a declaration that the order dated March 29, 1984 removing him from service having been decreed by the learned lower Appellate Court, the defendant-Zila Parishad has come up in this second appeal. A few facts may be noticed.

(2.) THE respondent-Chaman Lal was working as an Accountant with the Zila Parishad. On June 25, 1982, a charge-sheet levelling 10 charges was issued to him. After a considerable length of time, the respondent submitted his reply on September 23, 1983. He was called for a personal hearing on March 29, 1984 when the order of his removal from service was passed. Aggrieved by the order, the respondent filed an appeal before the Appellate Authority. The appeal having been dismissed, he approached the Civil Court through a suit for declaration that the order was wholly illegal and void. The order was primarily challenged on the ground that it had been passed without affording him a due and a reasonable opportunity or holding any enquiry as contemplated under the Rules.

(3.) ON a perusal of the pleadings of the parties, the learned Trial Court framed the following issues :