SARJUG PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 8/6/1990 passed by the 13th Additional District Judge, Patna, in Title Appeal No. 132/89, which was filed against the judgment and decree dtd. 20/7/1989 passed by the Munsif III, Patna, in Title Suit No. 01 of 1979.

(2.) The substantial question of law has been framed in the present second appeal vide Order No. 6 dtd. 10/3/1992 is as follows:

(3.) The present appellant has filed a title suit seeking a declaration that the allegations and enquiry set up against the plaintiff were malafide, and the dismissal order dtd. 12/2/1976 was illegal, malafide, void, and unconstitutional, with a further prayer for issuance of a mandatory injunction against the defendants to reinstate the plaintiff to his job, and to pass a decree for past and future damages in lieu of the emoluments payable to the plaintiff, together with costs and other reliefs. The said suit was dismissed vide order dtd. 15/9/1979 as not maintainable.