(1.) THE challenge in this regular second appeal is to the judgment and decree passed by the learned 1st Appellate Court dated October 11, 1980, vide impugned judgment, the learned Ist Appellate Court has passed the decree in favour of the respondent in that appeal without any orders as to costs.
(2.) THE necessary facts are that present appellant Devi Saran filed a suit for declaration challenging the legality and validity of the order of termination of his services, dated 13. 9. 1978. Devi Saran who at the relevant time was working as pump attendant in the MES Department at Pathankot, was charged by the Garrison Engineer in January, 1972. The charge framed against the appellant reads as under :" As per the memorandum received vide GE West Pathankot Letter No. C-5/14/ds/407/eic, dated 7/10 Jan. 77, the following charge was to be enquired into
(3.) THE learned trial Court on the respective pleadings of the parties framed following 3 issues :