Sabina, J. - (1.) RESPONDENT had filed suit for declaration challenging the order dated 20.11.2007, whereby, penalty of censure of service and recovery of 50% of the alleged loss to the tune of Rs. 1,51,901/ - was imposed upon him. The case of the appellant, in brief, was that he was working as a Senior clerk with PWD B and R Department. On false allegations, charge -sheet dated 08.04.2003 was served on the appellant and on the basis of the inquiry report, impugned order was passed. The impugned order was challenged inter -alia on the ground that it has been passed by the Appellate Authority and consequently, the right of the appellant to file an appeal was prejudiced.
(2.) RESPONDENTS in their written statement averred that the impugned order had been passed as per law.
(3.) ON the pleadings of the parties, following issues were framed by the trial Court: - "1. Whether order dated 20.03.2007 issued vide Endrst dated 03.12.2007 by defendant No. 1 as detailed in the heading of the plaint is illegal, arbitrary, mala fide unconstitutional, against the Govt. instructions, provisions of Constitution of India and principles of natural justice and is liable to be set aside? OPP 2. Whether the plaintiff is entitled for declaration prayed for? OPP 3. Whether the plaintiff is entitled for injunction prayed for? OPP 4. Whether the suit is not maintainable? OPD 5. Whether the defendants are entitled to special cost? OPD 6. Relief." Parties led their evidence in support of their respective pleas.;