RAMESH CHANDRA Vs. H D JAIN COLLEGE

JUDGEMENT

(1.) This application in revision by the plaintiff is directed against the order of the Additional Subordinate Judge first court, Arrah, holding the onus to prove issues 5 and 7 to be on the plaintiff and directing him to begin evidence on those points.

(2.) The petitioner instituted a title suit against the opposite parties for declaration that the orders of suspension dated the 10th of September, 1949, and of dismissal dated the 28th of May 1950, were Illegal and ultra vires, and for recovery of Rs. 8861 & odd annas being arrears of salary from September, 1949, to December, 1951. The petitioner was lecturer in the H.D. Jain College, Arrah (Defendant No. 1.). He was appointed in August, 1943, and was made, according to his case, permanent on the 19th of December, 1943. Later on, it is stated, he was confirmed and in course of time he became the Head of the Economics Department in the College, On the 4th September, 1949, there was some clash between the students of the College and the proprietor of a hotel at Arrah as a result of which a first information report was lodged by the students alleging that the petitioner was responsible for the occurrence. The Police submitted final report whereupon a protest petition was filed on behalf of the students before the Subdivisional Officer. He also found the case to be maliciously false and dismissed the complaint on the 17th of January, 1950. Thereafter, there were some disputes between the petitioner and the Secretary of the College, and ultimately it is said that the petitioner was suspended and later on dismissed without any reasonable cause.

(3.) The defence taken by the College is that the orders of suspension and dismissal were proper and justified inasmuch as the petitioner was guilty of misconduct and the enquiry committee found him to be so.