Reqular Second Appeal v. St at e

first Appellat eCourt wherebyt he j udgm ent and decree passed by t he t rial Court was set aside and t he suit Gupt a Suruchi 2012.11.16 15: 50 True Scanned Copy Of The Original PHHC,Chandigarh filedby JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 96 4 2 Reqular Second Appeal No297 of 2010 108M10 m t r 0 0 I 0 I Z I Z Qo 7 Z t he plaint iff for dam agesand com pensat ion was dism issed The appellant was working as Circle Agriclt ureOfficer t he Direct or of Agricult ure Haryana Chandigarh defendant respondentNo3J He was suspended by t he orders dat ed 17111995 issued by t he Direct or of Agricult ure Haryana defendant erespondentNo21 The claim of t he appellantwas t hat t he said order of suspensionwas passed by respondent Noe2 t he influence of respondent No by t he passingof t he said order prest igeand honour of t he appellanthad been I owered in t he eyes of his colleaguesand superiors This prom pt ed t he appellantt o file t he inst ant suit recovery of Rs500001 dam agesand com pensat ion from t he respondent s Though t he t rial Court decreed t he t he appellant t herebypassing a decree for recovery of Rs500001 as dam ages and com pensat ionalong wit h int erest at t he rat e 12 per cent per annum from t he dat e of inst it ut ion of t he suit t ill t he recovery and t he am ount was heid t o be recoverable from respondent No t he I ower Appellat eCourt reversed t he j udgm ent and decree passed by t he t rial Court For reachingt his conclusion t he I ower appellat eCourt was influenced by t he fact t hat t he appellant had failed t o t hat t he allegat ions m ade against only false defam at oryin nat ure and were m ade wit h a m alice which t he ingredient s of proving such a charge against a public servant The allegat ionof t he appellant was t hat respondent No had m isbehaved wit h t he m eet ing held JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Gupt a Suruchi 2012.11.16 15: 50 True Scanned Copy Of The Original PHHC,Chandigarh 97 V 8 Reciular Second Appeal No297 of 2010 l08M1 20 101995 I n order t o prove his allegat ion t he appellant had exam ined Braham Pal PW2 List of t he persons whO were present I ll t he m eet ing held on 20101995 is on record Exhibit PW13 However in t he said I ist t he nam e of Braham Pal I Al2I I S not m ent ioned Under t he circum st ances it was held by t he I ower appellat e Court t hat I n t he absence of corroborat ion st at em ent of appellant Radhey Shyam Dwivedi PW7 No not sufficient t o prove his claim t hat respondent had m isbehaved wit h t he appeilant I rl t he rneet ingheld on 2010 1995 Besides an I nquiryOft lcer was appoint ed in t his case go int o t he det ails of t he m at t er who did not hold t hat t he t o allegat ions t he appellant were correct The m ain t hrust of t he appellant was t hat in t he I et t er Exhibit PW1111 writ t en by respondent No t he basis of which he was placed under suspension fa I se alI egat ionshad been I evelled aga inst him by respondent No I owered and t hereby prest ige of t he a ppellant had in t he eyes of his colleaguesand seniors Before writ ing I et t er Exhibit PsW1111 respondentNo had sought explanat ion t he appellant qua m isbehaviour his I et t er dat ed 25 10 1995 and it was m ade clear in t he said I et t er t hat explanat ionwas received it would be presum ed t hat t he a ppellant did not want t o say anyt hingin t his regard and t he case would be referred t o t he Direct or of Agricult ure However reply was subm it t ed by t he appellant t o t he I et t er dat ed 25101995 wherebyexplanat ionof t he appellant was sought I t has also com e Gupt a Suruchi 2012.11.16 15: 50 True Scanned Copy Of The record Original PHHC,Chandigarh t hat t he appellant was not placed under suspension JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 0 0 I C5 I Z l I Z m n7 Z Qu 98 1 4 Reclular Second Appeal No 2297 of 2010 lOSMI only on t he basis of I et t er Exhibit PW1111 t here were ot hert hree charges against him and t he m eet ingwas held on 20101995 on t he request of t he appeilant t o drop t hose charges againsthim On inquiry t hose chargeswere found t o have I been proved Undert hese circum st ances cannot be said t hat t he appellant had been placed under suspensionon false grounds No t herefore can be found wit h t he findings recorded by t he t he I ower appellat eCourt I eadingt o t he reversal of t he j udgm ent and decree passedby t he t rial Court and dism issal of t he suit filed by t he appellant I n view of t he above I do not find any pat ent illegalit y irregularit y lll t he findings of recorded by t he first Appellat eCourt which m ay give rise t o any subst ant ial quest ionof I aw in t he present appeal Hence t he present appealis dism issed 1 20110 C MOHI NDER PAL I JUDGE 1 r 0 U I C5 I Z t r I Z m V2 Z I l 1 317 1 1 SaI l Gupt a Suruchi 2012.11.16 15: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document