J.M.L.Sinha, J. - (1.) THE plaintiff-respondent no. 1 filed a suit for the following reliefs: (a) That it be declared that the charge-sheet served on him on 21-10-1972 and 22-1-73 and the disciplinary proceedings initiated against him were void, illegal, without jurisdiction and liable to be quashed. (valued at Rs.2,000.00) (b) A permanent injunction be issued restraining the defendants from holding any enquiry against the plaintiff. (valued at Rs.2,000.00) (c) A mandatory injunction be issued directing the defendant to quash the enquiry proceedings and to refer the dispute to the arbitrators. (valued at Rs.2,000.00) (d) It be declared that the order of suspension dated 12-10-1972 is illegal and void. (e) It be declared that the order dated 20th November 1973 ter minating his services was illegal and he continued to be in the service of defendant no. 1. In the alternative a mandatory injunction be granted quashing the order dated 20-11-1973 and re-instating him as Branch Manager of defendant no. 1 at Dehra Dun with retrospective effect. (valued at Rs.1,000.00) (f) A decree for the recovery of Rs.4,900.00 being the an ears of salary for the period 1st April, 1973 to 20th November, 1973 be passed in his favour against defendant no. 1. (valued at Rs.4,900.00) (g) Cost of the suit be awarded. (h) Any other relief which the Court deems fit and proper be also awarded in his favour against the defendants.
(2.) THE trial court, decreeing the suit, allowed relief (a) in so far as the charge-sheet dated 21-10-1972 was concerned. Reliefs (d), (e) and (f) were also allowed. In regard to relief (h) the trial court directed that "the plaintiff can apply for realisation of other dues and salary (after 30-11-1973), to which he is entitled under the law, on payment of requisite court-fee on the execution side. Relief (a) in so far as the charge- sheet dated 22-1-1973 was concerned, and reliefs (b) and (c) were refused. Feeling aggrieved against the decree passed by the trial Court, defendant no. 3 viz. the National Insurance Co. Ltd. filed the present appeal. The appeal has been valued at Rs.20,407.00 and the split-up thereof given in the grounds of appeal is as follows: (i) Relief of declaration regarding charge-sheet dated 21-10-1972. Rs.2,000-00 (ii) Quashing the enquiry. Rs.2,000-00 (iii) Holding the order of suspension dated 12-10-1972 illegal. Rs.1,000-00 (iv) Declaration that the order of termination dated 20-11-1973 is illegal and the plaintiff be deemed to be in service. Rs.1,000-00 (v) Salary for April, 1973 and for June, 1973 till 26th March, 1976 (Rs.4.900.00 plus Rs.19,507) Rs.24,407. Along with the appeal an application was also presented on behalf of the appellant for stay of the operation of the decree under appeal. The plaintiff-respondent no. 1 has filed a counter-affidavit opposing the stay application and one of the grounds taken by him is that the appeal should have been filed in the court of the District Judge, Dehra Dun and that it does not lie to this Court. The question involved for consideration before us, therefore, is whether the present appeal is maintainable in this Court.
(3.) IN the counter-affidavit filed on behalf of the plaintiff-respondent the reliefs claimed in the suit as well as the valuation, as made in the plaint, have been given and a perusal thereof shows that the suit had been valued at Rs.12,900.00. The suit was tried by the court of the Civil Judge, Dehra Dun as already indicated earlier. Section 21 of the Bengal, Agra, and Assam Civil Courts, Act, states that an appeal from a decree or order of a Civil Judge shall lie- Note: The decree was passed by the trial court on 26-3-1976. (a) To the District Judge where the value of the original suit in which the decree or order was made was less than Rs.20,000.00.and (b) To the High Court in any other case. ;