The State of M.P. has come up in second appeal aggrieved by the judgment and decree dated 3X 1987 passed by District Judge, Guna in Civil Appeal No. 14-A/82 whereby in reversal of the judgment and decree of the trial Court, the appellate Court has decreed the plaintiff /respondent's suit seeking declaration of the order of his dismissal from service as null and void with consequential direction to the appellants reinstating the respondent with all ancillary benefits.

The plaintiff/respondent was employed as a constable in Special Armed Forces and posted at Guna at the material time. The respondent was reported between 12.10.1980 and 14.10.1980 and sitting on indefinite hunger strike agitating his demands during this period, a show cause notice was issued to him, imputing therein certain acts amounting to a henious offence within the meaning of section 16 (a) of the M.P. Vishesh Sashatra Bal Adhiniyam, 1968.

Departmental enquiry was conducted against the respondent by one Apte and later on by one G.S. Rathore. The enquiry resulted in finding the guilt proved. Ultimately, an order of dismissal was passed against the respondent.

There was yet another Constable