Sibghat Ullah Khan, J. - (1.) AT the time of hearing no one appeared on behalf of the respondents even though the case was taken up in revised list. Accordingly, only the arguments of Sri R.G. Prasad, learned counsel for the appellant were heard and judgment was reserved.
(2.) THIS is plaintiff's Second Appeal arising out of O.S. no.258 of 1974 which was dismissed on 6.9.1979 by Second Additional Munsif, Aligarh. Against the said decree plaintiff appellant filed Civil appeal no.402 of 1979 which was dismissed by Civil Judge, Aligarh on 12.8.1981 hence this Second Appeal. This Second Appeal has been admitted on 4.9.2009 on substantial questions of law as framed in the memo of appeal at Serial no. 3 and 4 which are quoted below: 3. Whether the order of termination has been passed against the appellant without following the service conditions and rules is against the principles of natural justice?
(3.) WHETHER the order of termination dated 30.03.1977 as passed by the Assistant Mechanical Engineer is an order, passed by a competent authority who is below the rank of the appointing authority? 4. The case of the plaintiff appellant was that he was confirmed employee (khalasi) of defendant Northern Railway and was transferred to Aligarh in June 1965 where he worked till June 1972 and in June 1972 he was transferred to Kanpur; however, he made representation that his wife was ill, hence, transfer order should be cancelled which representation was accepted; but However, after two months same order of transfer from Aligarh to Kanpur was again passed. The plaintiff again made a representation against that which was not accepted hence he went on leave from 16.9.1972 to 24.1.1973.;