H.N. Tilhari, J. - (1.) This is plaintiff's Second appeal arising out of judgment and decree dated 1-5-1979 passed by Civil Judge (Sri R C. Pandey), District Faizabad whereby the learned Civil Judge has dismissed the appeal and affirmed the judgment and decree dated 3-5-1978 passed by Munsif Sadar (Sri Akhtar Abbas), Faizabad.
(2.) Brief facts of the case are that the plaintiff-appellant Shri Sadhu Saran filed the suit for the decree for declaration, being passed in his favour and against the defendant-respondents that order dated 1-6-1974, whereby the respondent No. 1 had terminated services of the plaintiff, to be void, illegal and unconstitutional for the reasons given in the plaint and that the plaintiff be reinstated to his original post. The plaintiff's case as per plaint allegations has been that on 29-7-68, the plaintiff was appointed a peon (Chaprasi) by the defendant No. 1 in the Institution Bapu Balika Vidyalaya, Faizabad which according to the plaintiff is and has been recognized. The institution is being managed by the defendant Nos. 1 to 5. The plaintiff further alleged that his initial pay on the date of his appointment was Rs. 70/- per month, that the plaintiff had worked to the utmost satisfaction of the authorities of the institution and was drawing the salary @ of Rs. 197/- per month in the year 1974. In Paragraph 4 of the plaint, the plaintiff asserted that his appointment was confirmed and he was made a permanent employee of Class IV i.e. peon in the institution. The plaintiff alleged the defendant no. 1 to have developed ill will against the plaintiff is he, the plaintiff refused to do the private house work of the defendant No. 1, and defendant No. 1 in order to appoint her favourite person n place of the plaintiff managed in collusion with defendant No. 2 to 5, to suspend the services of the plaintiff on 19-5-1974 without assigning any cogent reasons. The plaintiff further averred in the plaint that the defendant with the consent of defendants 2 to 5 ultimatory terminated the services of the plaintiff on 1-7-1974. The plaintiff challenged that order of termination dated 1-6-74 and has alleged the same to be illegal and unconstitutional on the ground as mentioned hereinafter. A - That the plaintiff was not given any charge-sheet or a show cause notice after the suspension of his services. B - That the plaintiff was not given any opportunity of hearing before the passing of the termination order against him by the defendant No. 1 and as such, the action of defendant No. 1 is violative of the principles of natural justice a id so the order of termination of services dated 1-6-1974, according to the plaint case has been void, and illegal ab initio. C - That the order dated 1-6-74 was absolutely whimsical and arbitrary one, as such, was the one which did not have any legal or constitutional basis to depend upon. D - That the regulations 31. to 37 framed by the Board of High School and Intermediate of Uttar Pradesh were not complied with.
(3.) The plaintiff further alleged that he made a representation to the authorities concerned hut all resulted in vain and so the plaintiff filed the present suit on the basis of cause of action which is alleged to have arisen on 1-6-1974 the date on which the plaintiff-appellant's services were terminated by the defendant-respondent No. 1.;