SIDDHARTHA VARMA,J. - (1.) This is a plaintiff's second appeal against the judgment and decree of the First Appellate Court dated 13.10.1983. Having lost from both the courts below, the second appeal was filed and was admitted on the following substantial questions of law: (1) Whether the order of termination was by way of punishment? (2) Whether the appellant was entitled to the benefits of Article 311? or and (3) Whether the order of termination is illegal in the circumstances of the case?
(2.) The plaintiff-appellant was a Central Government employee and was appointed as a Lineman on 26.4.1978 at Babina, under the Garrison Engineer, Military Engineering Service, Babina, District Jhansi. While performing his duties he fell down from an electricity pole on 8.9.1978 and was admitted in a hospital at Babina and, therefore, could attend to his regular job. Eventually on 28.9.1979 without assigning any reason, his services were done away with effect from 29.9.1979. The order is being reproduced herein as under: "Your services are hereby terminated with effect from 29 September 1979(AN) as your services are no longer required by this department."
(3.) Aggrieved by the order, the appellant filed a suit being Original Suit No. 261 of 1980. Upon its dismissal, the first appeal was filed which was also dismissed on 13.10.1983.;