JUDGEMENT
M.Y.Eqbal, J. -
(1.) This second appeal by
the plaintiff-appellant is against the judgment
of affirmance. The plaintiff filed title suit No.
180/70 for declaration that the order of dismissal
dated 13.12.1969 passed by the defendant is illegal, mala fide motivated and is a
nullity.
(2.) The plaintiff was appointed as a stowing
mazdoor in the collieries of the respondent in 1968. The appellant was charge-sheeted
by serving several charge-sheets. The Enquiry
Committee so constituted submitted its report
to the effect that the charges levelled against
the appellant were proved and on that basis
the appellant was dismissed from service.
(3.) The Trial Court, after recording a finding that the plaintiff was rightly held guilty of
the charges and was given sufficient opportunity to defend his case and the order of
dismissal was not illegal or motivated, dismissed
the suit.;
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