- (1.) C.M. Nos. 789-C and 790-C of 2010 are allowed and the delay in filing and re-filing the appeal is condoned.
(2.) The trial Court vide judgment dated 22.12.1998 dismissed the suit of the plaintiff whereas the Ist Appellate Court reversed the judgment by modifying the relief.
(3.) In his suit for declaration, the plaintiff claimed the following reliefs :- i) The defendants-appellants herein should not reduce his rank from the post of Inspector to Sub Inspector at the initial stage of time scale of Sub Inspector with the provision that plaintiff will not earn any increment for the period of three years; ii) the period of dismissal be treated as leave of the kind due; iii) the order passed vide endorsement No. Amla-9(441) 93/31415-19 dated 2/4.2.1993 in respect of recovery of financial loss, be quashed being illegal, null and void, unconstitutional and against the service rules.;