G.R. Majithia, J. - (1.) (Oral) - This second appeal is directed against the judgment and decree of the First Appellate Court which on appeal affirmed that of the trial judge whereby the suit of the plaintiff for a declaration that the order of dismissal dated December 15, 1983 passed by respondent No. 2 was illegal, void, inoperative, arbitrary and invalid, was dismissed.
(2.) The facts. The appellant was employed as a constable in the service of respondent No. 1. He remained absent from duty on the night intervening 3/4th December 1982, 31st December, 1982 to 1st January, 1983 and also on the night intervening II-12/2/1983 and further on the night intervening 13-14/2/1983. A departmental enquiry was held and the appellant was found guilty of remaining absent from duty. The competent authority after following the procedure prescribed found that the appellant be dismissed from service. The legality of this order was challenged through a Civil suit for declaration.
(3.) The only ground urged was that the departmental enquiry was irregular since the petitioner was not given any opportunity to cross examine the witnesses. This averment was controverted and the pleadings of the parties gave rise to the following issues:- "1. Whether the order dated 15th December, 1983 of the defendant is illegal and void and is not binding on the plaintiff ? OPP 2. Whether the suit is maintainable ? OPP 3. Whether the suit is premature ? If so its effect ? OPP 4. Whether the defendants have been duly served with notice under section i0 Civil Procedure Code ? OPP 5. Relief.";