Present Honble Mr. Justice K. Ramaswamy Honble Mr. Justice G.B. Pattanaik Ms Binu Tamta and Ms. Sushma Suri, Advs.
On appeal, the Division Bench held that the suit was number barred by limitation for the reason that he had laid the suit after the rejection of his application for reinstatement and companysequent to the acquittal by the criminal companyrt on May 8, 1964 and that, therefore, it was within limitation.
for the appellants Keshav Dayal, Sr.
The respondent after his acquittal by the criminal companyrt laid the suit in forma pauperis on August 13, 1965 seeking declaration that the termination of his service was wrong, unconstitutional, that he should be deemed to have companytinued in service and that he was entitled to Rs.84,000/ by way salary and damages by way of expenses incurred by him to defend the criminal cases etc.
The admitted facts are that the respondent came to be appointed on March 7, 1956 as Section officer in the Central Public Works Department.
Independent thereof, exercising the power under Rule 5 of the Central Government Services Temporary Service Rules 1949, his services were terminated by order dated September 10, 1957.
S.N. Aggarwal, P.D. Sharma and K. Puri, Advs.
Thereafter, the Executive Engineer discovered on October 6, 1956 that he had the appointment on producing false certificates.
We have heard learned Counsel on both sides.
Consequently, a report was laid under Section 420, 468 and 127, Indian Penal Code and he was kept under suspension.
with him for the Respondents O R D E R The following order of the Court was delivered O R D E R Leave granted.
The trial Judge single Judge of the High Court by his judgement dated March 22, 1994, though held that the termination order was unconstitutional, since he was terminated without companypliance of Article 311 2 of the Constitution, dismissed the suit as barred by limitation.
The suit was decreed.
This appeal by special leave arises from the judgment and order dated March 22, 1994 made by the Division Bench of the Delhi High Court in RFA OS No.
27/94.
