SHEO NARAYAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29.11.1988 passed by 1st Addl. District Judge, Bhagalpur, in Title Appeal No. 12/88 reversing the judgment of the trial Court dated 7.12.1987 rendered in Title Suit No. 22785 Plaintiff of the suit is appellate here.

(2.) THE plaintiff-appellant had brought the aforesaid suit claiming, inter alia, that the defendant-respondents had no right to remove him from service and, therefore, he was entitled to receive his salary and emolument since December, 1982 upto date. Admittedly, the plaintiff-appellant was appointed on daily wages to the post of Prayogshala Sewak (Labotatory peon) with effect from 20.8.1980 to 31.1.1981. Subsequently, appellant was put on master roll from 1.2.1981 upto 31.7.1981. THEreafter, he was absorbed as regular employee from 1.8.1981 by virtue of letter No. 576 dated 28.7.1981 (Exhibit A). THE plaintiff-appellant proceeded on leave from 11.2.1982 upto 31.12.1982. During this period, he was prosecuted for theft of certain articles from laboratory and his leave was treated to be absent without permission. THE theft case ended in final report and he was discharged from the aforesaid case. Plaintiff-appellant's services, however, were terminated. He moved various authorities of the concerned department, but his request was turned down and thereafter, the suit was filed.