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2022 Supreme(Raj) 2506

SUDESH BANSAL
State Of Rajasthan – Appellant
Versus
Mahesh Chand Sharma – Respondent


Advocates appeared:
Pradeep Kalwania, GC, for the Appellant
Manoj Kumar Bhardwaj and Rajesh Chaturvedi, Advocates, for the Respondents

JUDGMENT

Sudesh Bansal, J. - Appellants-defendants State of Rajasthan through District Collector Bharatpur (hereinafter referred as "State") has preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 8-5-2018 in appeal No. 66/2010, passed by Additional District Judge, No. 1, Bharatpur allowing appeal and setting aside the judgment and decree dated 5-7-2010 passed by Additional Civil Judge (Senior Division) No. 3, Bharatpur, in Civil Suit No. 91/2002, the termination order dated 1-12-1992 has been declared null and void and plaintiff has been held entitled for reinstatement in service with a direction to release all consequential benefits after conducting enquiry. Simultaneously, right to initiate fresh enquiry was given to the department.

2. Facts of the case are that respondent-plaintiff (hereinafter 'the plaintiff') having acquired qualification of Graduation in the year 1981 and passing B.Ed. Course from Dayanand Subhash National College, Unnao (UP) in 1986-87 affiliated to Kanpur University, was appointed on the post of Teacher Grade-Ill on 10-4-1990 in Panchayat Samiti Kumer, Zila Parishad Bharatpur, and on 12-10-1992, the petitioner was confirme

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