H S E B Vs. RAJ PAL SINGH

JUDGEMENT

(1.) CM. No. 183-C of 1999 was filed by the appellants Haryana State Electricity Board under Order 41 Rule 5 read with Section 151 C.P.C. praying for stay of the operation of the judgment and decree dated 21.4.1997 passed by the learned First Appellate Court.

(2.) Notice of this application was issued to the counsel for the respondent. As the learned Counsel for the parties intended to address arguments in detail on the said application, therefore, with the consent of the learned Counsel for the parties, Regular Second Appeal itself was taken on board and heard finally.

(3.) Shri Raj Pal Singh, plaintiff had filed a suit for declaration with consequential relief of mandatory injunction against the employer, the Haryana State Electricity Board, defendant in the suit. It was pleaded that he was appointed on daily wages on 7th March, 1980. Thereafter, he was promoted as daily wagers line man in January, 1983 and vide order dated 3rd August, 1989, he was promoted as work charge lineman with effect from 11.11.1987. A show cause notice was issued to him on 17th January, 1992. The charge against him was that he had submitted a false/forged certificate while seeking employment on 31st December, 1979. As a result of this, he was terminated from service, vide order dated 16th October, 1992, which he challenged in the suit on various grounds including that no inquiry was held in accordance with law, no chargesheet was served upon him and order of termination was not passed by the Competent Authority.