N.K. Kapoor, J. - (1.) THIS is plaintiffs Regular Second Appeal against the judgment and decree of the Courts below by which his suit for declaration was dismissed.
(2.) BRIEFLY put, plaintiff was appointed as Field Officer on temporary basis and his services were terminated vide order dated 13.9.1994 as no longer required. It is this order of termination which has been impugned by the plaintiff terming the same to be illegal and not binding upon him as he was not afforded any opportunity of hearing by the defendants. Defendants contested the allegations of the plaintiff as contained in the plaint and filed their written statement therein taking the preliminary objection to the effect that the civil Court has got no jurisdiction; that the plaintiff has no locus standi to file the suit and that the suit was not maintainable in the present form. On merits, it was pleaded that the plaintiff joined the service on ad hoc basis on 19.4.1978. As per his appointment letter, his services were to be regularised subject to the verification of his character and antecedents. Since as per report of the Superintendent of Police, plaintiff was found to have been convicted under section 294 of the Indian Penal Code, he was held to be guilty of moral turpitude and such was ordered to be removed vide impugned order of termination. It was further pleaded that the order of termination was perfectly legal as the plaintiff was appointed on ad hoc basis and so had no right to hold the post.
(3.) ON the pleadings of the parties, following issues were framed: - 1) Whether the order dated 13.9.1984 about the termination of service of the plaintiff is wrong, illegal and liable to be set aside as alleged ? OPP. 2) Whether the civil Court has no jurisdiction to try the suit ? OPD. 3) Whether the plaintiff has no locus standi to file the present suit? OPD. 4) Whether the suit is bad for want of notice under section 80 CPC ? OPD. 5) Relief.;