BRIJ NATH DHAR Vs. J&K GOVT

JUDGEMENT

(1.) THIS civil 1st appeal (wrongly styled as letters patent appeal) is directed against the judgment and decree of a learned Single Judge of this court passed in civil suit No. 56 of 1976 decided on November, 1, 1973.

(2.) IN a nutshell the facts of the case are as follows: - Plaintiff appellant was employed as a cashier in the Bombay Branch of the Government Arts Emporium. He was placed under suspension on March 3, 1956 on charges of certain misconduct and was subsequently, by order of the General Manager Kashmir Government Arts Emporium dated 14.7. 56, discharged from service. The appellant assailed the order of discharge on the ground that it was wrongful because he had not been served with any charge sheet or provided any opportunity of being heard in his defence. The appellant not only claimed his re -instatement but also the arrears of pay and allowance. The relief claimed by the appellant in the suit consisted of two declarations: -

(3.) THE respondents contested the claim of the appellant and raised certain preliminary objections. On July 22, 1969, the following four preliminary issues were raised in the case: