( 1 ) IN this appeal under Section 96 of the Civil Procedure Code 1908 (Code for short hereinafter) the appellant/ plaintiff has assailed the judgment and decree passed by the Joint Civil Judge (S. D.) at Junagadh on 2 in Special Civil Suit No. 199 of 1976.

( 2 ) THE appellant herein is the original plaintiff who had to initiate legal battle by filing the above suit against the respondent/original defendant-Union of India for declaration that the order of removal from service passed against him is null and void and resultant relief for arrears of pay and allowance etc. The plaintiff inter alia contended that he was working as a Khalasi-Painter in Traffic Workshop in Western Railway at Junagadh. He was charge-sheeted by the defendant-railway administration alleging that he had committed misconduct by remaining absent from service without permission for a period of about 19 months. Inquiry Officer was appointed. Inquiry was conducted. The plaintiff was found guilty by the Inquiry Officer. The report of the Inquiry Officer was accepted by the Disciplinary Authority. A show-cause notice was issued to him for removal from service. Ultimately an order of removal was passed