MANUARU VEERASWAMI Vs. PROVINCIAL GOVERNMENT OF MADRAS, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) This is an appeal against the decree of the Subordinate Judge of Nellore, dismissing the suit filed by the appellant, a peon in the Forest Department, for a declaration that his dismissal from service by the District Forest Officer was wrongful; for a direction to the Government to reinstate him in office, or in the alternative for Rs. 6,000 as damages. The suit was brought against the Government and also against the District Forest Officer, because it was alleged that the District Forest Officer had acted with malice. The learned Subordinate Judge found that the dismissal was not wrongful; and so he dismissed the suit with costs.

(2.) Four main objections have been raised to the decree of the lower Court. One is that fundamental principles of justice were violated in withholding from the appellant certain papers which had a bearing on the case and the absence of which hampered him in his defence. The second was that he was not allowed to appear by a vakil, the third was that he was not permitted to examine the District Forest Officer and his servants as his witnesses; and the last was that the provisions of Section 240(3) of the Government of India Act had not been complied with the consequence that the dismissal was illegal.

(3.) We have seen the various documents referred to in connection with the first ground; and we agree with the learned Subordinate Judge that no material papers were withheld from the appellant. In fact, this point has not seriously been pressed.