Hon’ble Siddhartha Sah, J. (oral)

This first appeal has been preferred against the judgment and decree dated 10.12.2009 passed by Civil Judge (S.D.) Haridwar in Original Suit No.119 of 1994, ‘State of U.P. through Superintending Engineer vs. Sri Vijay Pal Singh and others’, by means of which the suit instituted by the plaintiff/appellant against the defendants/respondents for recovery of an amount of Rs. 7,98,309.35/- along with interest at the rate of 18% per annum, has been dismissed.

2. The aforesaid suit was instituted with the pleadings that the Purvi Ganga Nahar Nirman Mandal, Haridwar is a department of the State of Uttar Pradesh and falls under the Irrigation Department of the State of U.P. The Superintending Engineer, Purvi Ganga Nahar Nirman Mandal, Haridwar, is duly authorized to institute the suit on behalf of the plaintiff/appellant. Defendant No. 1 was working on the post of Storekeeper in Purvi Ganga Nahar Nirman Khand-3, Haridwar, and had been in service since 31.1.1981. He was arrested by the Police Department of Muzaffarnagar on 28.08.82 on certain charges and was later released on bail on 25.10.82 pursuant to an order of the Hon’ble High Court.

3. Due to his arrest