LALIT SEN INSTITUTE OF BUSINESS EDUCATION AND TECHNOLOGY (ISIBET) MISM COLLEGE ENCLAVE Vs. SHRI SURAJ PATHAK

JUDGEMENT

(1.) BOTH these appeals are being disposed of by a common judgment as they arise out of a common judgment.

(2.) THESE appeals are directed against the impugned judgment and decree, rendered on 1st June, 2007, by the learned District Judge, Mandi in Civil Suit No. 8 of 2005, whereby, the learned District Judge, Mandi decreed the suit instituted by the plaintiff for recovery of Rs. 1 lac with proportionate cost and interest at the rate of 6% from the date of decree on account of damages.

(3.) THE defendants resisted and contested the suit of the plaintiff and defendant No. 1 filed the written statement wherein he had taken preliminary objections inter alia maintainability, suit having not been properly instituted, locus standi, cause of action and estoppel etc. On merits, it was submitted that the managing committee of MLSM, College, Sundernagar is the only appointing authority of any person, as such, defendant No. 1 has no role in the appointment of Director by the LSIBET. The Managing Committee of MLSM has not appointed the plaintiff as Director nor the plaintiff entered into any agreement with the Managing Committee MLSM College, Sundernagar, thus the appointment of the plaintiff as Director of LSIBET is no appointment as per the rule framed. It is admitted that the plaintiff assumed duty of Director LSIBET w.e.f. 1.5.2003. However, the appointment of Director was no appointment in the eyes of law as the same was not made as per rules. It is also admitted that a meeting of the Managing Committee of MLSM college was held on 31.8.2003 at Chandigarh and the post of the Director of LSIBET was abolished and the plaintiff was duly intimated forthwith. Moreover, 30 days notice was served on the plaintiff on 11.9.2003 by the President, Managing Committee, MLSM College Sundernagar. It is denied that the plaintiff under duress and protest had handed over the charge of Director LSIBET but the President of the Managing Committee has taken over the charge of the Director of LSIBET.