GULAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Civil First Appeal under Section 96 CPC against the judgment and decree dated 8. 12. 1977 passed by the learned Additional District Judge No. 1 Jaipur City.

(2.) THE plaintiff appellant filed a suit for declaration and recovery of arrears amounting to Rs. 12, 474. 99p. against the defendant-respondents dated 31. 10 1972 in the Court of District Judge, Jaipur City. THE declaration sought by the appellant was that the defendant's order dated 5. 5. 71, whereby the two grade increments of the plaintiff have been withheld, with cumulative effect, and the order dated 22. 12. 1971, whereby his departmental appeal against the order dated 5. 5. 1971 was rejected, and further the payment has also been disallowed to him, be declared null, void, ineffective, illegal and inoperative in law. A sum of Rs. 12,474. 99p. was also claimed by him for the arrears of his salary and the amount of grade increments not allowed to him. Since the plaintiff was not in a position to pay the required court fee, he filed the plaint in the 'forma-pauperis'. THE suit was later on transferred to the court of Additional District Judge No. 1 Jaipur City, Jaipur.

(3.) THE charge for the first enquiry dated 19th March, 1966 related firstly for not joining at Jodhpur in pursuance of the order dated 2. 2. 1966 and remained absent. Secondly unsatisfactory service for which earlier charge-sheet was given on 9th February, 1966 and 16th February, 1966 and thirdly deliberate absence from duties relating to the disobedience of the Government orders and creating indiscipline. This charge-sheet was given on 19th March, 1966 and before that for two inquiries of dated 9. 2. J966 and 15-2-1966, the proceedings were going on.