Plaintiff appellant was a constable in the Central Reserve Police Force. He was involved in a criminal case and was arrested and released on bail. He was put under suspension. He proceeded on leave from 14.5.1990 to 12.6.1990 with due permission granted on 8.5.1990. He applied for extension of leave but the extension was not granted. He absented from duty or over stayed on leave and on the said ground his services were terminated w.e.f. 5.6.1992.

The plaintiff appellant instituted Original Suit No.138 of 1993 for declaring the order of termination as illegal, null and void. The suit was filed without serving notice under Section 80 CPC upon the Central Government ie., the Union of India, one of the defendants to the suit.

The suit was contested on merits and on certain technical pleas vis-a-vis the jurisdiction of the court; the suit being barred by Central Administrative Tribunal Act and for want of notice under Section 80 CPC; and that Union of India was not properly arrayed.

The court of first instance on all the above pleas framed issues and finally vide judgment and order dated 30.5.1996 decreed the same and the order of termination of services of the p