D. S. Sinha, J. - (1.) HEARD Sri Siddhartha Verma, holding brief of Sri S. K. Verma, learned counsel for the petitioner, and Sri S. K. Saxena, learned Standing Counsel representing the respondents no. 22, 23 and 24, at length and in detail
(2.) BY means of this petition, under Article 226 of the Constitution of India, the petitioner seeks to assail the legality of the order and judgment dated 15th November, 1979, passed by the U. P. Public Services Tribunal No. Ill, Lucknow (hereinafter called the Tribunal) in Claim Petition No. 449 (T)/III/1977, Ram Bharosey Lal Gupta v. Gaon Sabha Sareli Pukhta and others. The relevant facts, as they emerge from the impugned judgment and pleadings before this Court, are these: The petitioner was appointed Panchayat Secretary in August, 1949. He was placed under suspension by an order dated 4th January, 1963, which was followed by the departmental proceedings. The departmental proceedings culminated into the dismissal of the petitioner from service by an order dated 21st September, 1964.
(3.) THE petitioner challenged the order of dismissal in civil suit This suit was decreed by the trial court and the order of dismissal was set aside. THE matter was taken up in appeal by the defendant in the suit. THE appeal was allowed and the suit was dismissed, on the ground that necessary parties had not been joined to the suit, and in absence of the necessary parties no relief could be granted to the petitioner. THE appellate judgment was challenged by the petitioner in Second Appeal before this Court. This court affirmed the decree and judgment of the first appellate court on 8th August, 1969. Later on, the petitioner filed a fresh suit in December, 1969 challenging the order of dismissal dated 21st September, 1964, aforesaid. In view of the Constitution of the Tribunal, the suit of the petitioner stood transferred before it. The second suit of the petitioner was resisted by the opposite parties, inter alia, on the ground that it was barred by limitation. To meet the plea of limitation, the petitioner invoked the provisions of Section 14 of the Limitation Act, 1963, hereafter called the Limitation Act.;