ARMY PUBLIC SCHOOL DAGSHAI Vs. NARESH SAKLANI

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree rendered by learned Addl. District Judge Solan Himachal Pradesh on 28.2.2012 in Civil Appeal No. 27-S/13 of 2010.

(2.) "Key facts" necessary for adjudication of the present appeal are that the respondent-plaintiff (herein after referred to as 'plaintiff' for brevity sake) filed a suit against the appellants/defendants (herein after referred to as 'defendants' for brevity sake). Plaintiff was appointed on 13.5.1988 as store keeper by defendant No. 1 and was posted in Army Public School Dagshai. His services were confirmed on 12.5.1990. He was promoted to the post of Store/Estate Supervisor with effect from 1.1.1993. One Shri Youdhvir Parmar filed a complaint against the plaintiff. Sh. M.S. Mohan also reported that he has misbehaved with him. Plaintiff filed reply to the allegations. He was put under suspension on 5.8.1995. A show cause notice was also issued to the plaintiff under para-34 of Army Public School Dagshai Standard Operating Procedure. He submitted reply to the same. However, fact of the matter is that plaintiff was terminated on 14.10.1995. Plaintiff submitted an appeal to the Chairman of Board of Governors. Plaintiff thereafter filed a Civil Writ Petition. The Court directed to decide the appeal. The appeal was rejected vide letter dated 20.11.1999. According to the plaintiff, defendants have not adopted the procedure prescribed under para-37 to 44 before terminating him.

(3.) The suit was contested by the defendants. According to the defendants on a complaint received against the plaintiff on 10.6.1995, a show cause notice was issued to him on 27.6.1995. Plaintiff filed reply to the same, which was considered and he was terminated.