SHUKAL DEO PARSAD Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) Appellant Shukal Deo Parsad was appointed as Mali-cum- Chowkidar on 1st March, 1969 in the Panchayat Samiti, Nihalsinghwala. He was thereafter dismissed from service vide order dated 31.7.1987 passed by the Panchayat Samiti. This order was challenged in a civil suit as being illegal and arbitrary. The trial Court decreed the suit vide its judgment dated 31.1.1991 and set aside the order of dismissal holding it void. The judgment and decree was challenged by the Panchayat Samiti in the First Appellate Court and the judgment of the trial Court has been reversed in appeal and the suit of the plaintiff-appellant dismissed. The First Appellate Court came to the conclusion that the order dated 31.1.1987 ordering the dismissal of the plaintiff-appellant from service had been departmentally appealed against and the appeal too had been dismissed by the Deputy Commissioner and as this order had not been impugned in the suit, the appeal before the District Judge was liable to be allowed. Aggrieved thereby, this Second Appeal has been filed by the plaintiff-appellant.

(2.) The only argument raised by Mr. Sharma, learned counsel for the appellant was that the appellant had been in service as a regular employee since 1969 and that as his service had been terminated in 1987, without holding any enquiry or giving him any show cause notice, the order impugned could not be sustained.

(3.) Mr. Girdhar, learned counsel for the respondents has, however, relied on the reasonings adopted by the First Appellate Court in order to non-suit the appellant.