Prafulla C. Pant, J. - (1.)This appeal preferred under Sec. 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 10 -8 -1979, passed by learned District Judge, Pauri Garhwal, in Civil Appeal No. 38 of 1978, whereby said appeal is allowed and judgment and decree dated 11 -11 -1978, passed by Munsif, Lansdowne, in Original Suit No. 18 of 1972, is set aside and the suit is dismissed.
(2.)Heard learned Counsel for the parties.
(3.)Brief facts of the case are that Plaintiff Bhairav Datta Dobariyal, instituted a suit for declaration that order dated 5 -12 -1969, passed by Defendant / Respondent No. 1, terminating his services, is null and void. The Plaintiff also sought his reinstatement in services with effect from 26 -8 -1969, with full pay and allowances. Factual matrix of the case shows that Plaintiff joined the Defendant District Cooperative Bank in the year 1960 -61 as Accounts Clerk. He has pleaded in the plaint that he discharged his duty honestly and promoted to the post of Cashier in the year 1962 -63. In the year 1966 -67, he was selected for managerial training and sent to Rajpur, Dehradun, for said purpose. In 1968, it is alleged by the Plaintiff that he sent a complaint to His Excellency Governor, complaining about the irregularities committed in the Bank. It is pleaded that the then Manager of the Bank, Sri Harikrishana Dimri, got annoyed with the Plaintiff and a false report of misappropriation of funds of the Bank was sent by said Manager against the Plaintiff. The Plaintiff was placed under suspension. Subsequently, a charge sheet was served on him, which included the charge of misappropriation of the Bank's funds. It is pleaded in the plaint that Plaintiff submitted his explanation, but without giving proper opportunity of being heard, his services were terminated vide resolution No. 2 dated 5 -12 -1969, by the Bank. Challenging the termination order, on the ground that the principles of natural justice were violated, the suit was instituted before the trial court.
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