JUDGMENT :

Rajnish Kumar, J.

1. This second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 19.12.2013 passed in Civil Appeal No.198 of 2013 (Shiv Darshan Yadav Vs. Adhishashi Abhiyanta) and judgment and decree dated 31.07.2013 passed by the trial court in Original Suit No.842 of 2011 (Adhishashi Abhiyanta Vs. Shiv Darshan Yadav).

2. The brief facts of the case for adjudication of the instant second appeal are that the appellant Shiv Darshan Yadav was appointed under dying in harness as junior clerk in place of his alleged adoptive father namely Kanhaiya Lal on the basis of an alleged adoption deed dated 11.08.1995. A complaint was made by one Mukesh Kumar Srivastava, a social worker on 27.05.2011 to the District Magistrate, Faizabad alleging that the appellant has obtained the service on the basis of a fraudulent adoption deed and requested for a magisterial enquiry. In pursuance thereof an enquiry was conducted by the City Magistrate, Faizabad. On the basis of the Enquiry Report, submitted after recording statement of the appellant, the District Magistrate, Faizabad written letters dated 20.06.2011 and 21.06.2011 to the of