Nisha Gupta, J. - (1.) THE instant civil second appeal has been preferred against the judgment & decree dated 06/09/1993 passed by the court of Additional District Judge No. 2, Jaipur City, Jaipur by which appeal filed by the defendant -appellant -State of Rajasthan has been dismissed and the judgment & decree dated 31/01/1992 passed by the court of Additional Munsif & Judicial Magistrate No. 2, Jaipur City, Jaipur decreeing the suit in favour of the plaintiff -respondent, has been upheld.
(2.) THE facts giving rise to this appeal in brief are that the plaintiff -respondent filed a suit for declaration in respect of the order dated 03/01/1985 whereby, he was dismissed from service after holding departmental enquiry. It has been alleged in the suit that principles of natural justice have not been followed. The court below has held that prejudice has been caused to the respondent and decreed the suit in favour of the respondent and appeal filed by the appellant -State there against has been dismissed. Hence, this second appeal. The second appeal has been admitted on 01/11/1996 on the following substantial questions of law: - "1. Whether finding recorded by Lower Appellate Court that the inquiry was not fair is perverse and is beyond the record? "2. Whether in case the Court comes to the conclusion that the inquiry was not fair, whether the respondent can be reinstated and the order of termination can be set -aside on that ground?
(3.) HEARD learned counsel for the parties, perused the impugned judgments & decree as well as original records of the case.;