RAJASTHAN STATE ELECTRICITY BOARD Vs. PANNA LAL

JUDGEMENT

(1.) THE appellants seek to challenge the judgment and decree dated August 16, 1985 of the learned Additional Civil Judge No. 2 Ajmer whereby the civil regular first appeal preferred against the judgment and decree dated January 25, 1985 of learned Munsif and Judicial Magistrate Ajmer City (East) Ajmer was dismissed and decree in Suit No. 217/78 was confirmed.

(2.) THE parties shall be referred herein in the same manner as they were arrayed in the civil suit.

(3.) I have reflected over the rival submissions and carefully scanned the material on record. A look at the statement of Mahesh Chandra Agrawal DW.1, who was Assistant Engineer in RSEB demonstrates that the record of the Screening Committee was not produced before the learned trial court. This witness deposed that without perusing the record he was not in a position to say as to whether the plaintiff was suitable and qualified or not. This witness also stated that he did not know about the Rules framed by the RSEB in respect of examination of suitability by the Screening Committee. It appears that the decree of the trial court is based on uncontroverted testimony of the plaintiff witnesses as the statement of DW.1 was vague and he did not controvert the statements made by the plaintiffs witnesses. In the impugned judgment the learned trial court considered the Regulations 9 and 10 of the Regulations of the RSEB and all the issues were decided after properly appreciating the evidence of the parties as well as the legal position.