NOTICE UNDER SECTION 80 C.P.C.[CD1] ]

NOTICE UNDER SECTION 80 C.P.C.



 

NOTICE TO THE UNION OF INDIA THROUGH SECRETARY MIN OF DEFENCE

From –

………………………….                                                                      Dated ............ 19

Advocate,

…………………………….

TO

The Secretary Ministry of

New Delhi

 Dear Sir,

Under instructions and on behalf of my client ................. ................. resident of House No............... pay account No........ I have to serve you the following notice :

1.That my client was appointed as a painter in the office of Commanding Officer

........ Wing Air Force Station ........... on............. and is at present drawing Rs. ............. plus Rs... ........ plus Rs. ................ C.C.A. plus Rs. ................ House Rent Allowance. In all my client is being paid Rs. ....... as emoluments for the said service.

2. That my client has been faithfully and diligently discharging his duties and has done nothing nor omitted to do any thing as to render any blemish on his services.

3.That unfortunately Group Captain ............... .......... then Commanding Officer of

... Air Force had taken a hostile attitude against my client as my client did not fit in his caprices to do his additional house work and on ................ my client was warned that since he had not complied with the orders of doing extra workhe should comply with the orders of Section Commander.

 4. That the said allegation against my client were absolutely false al

naturally my client protested against this absolutely unwantan treatment meted out to him but unfortunately it aggravated cravated the matter and he was charge sheeted by the Senior Administra. Officer Commanding by his letter dated ... on the charge of corruption, misconduct and neglect of duties.

5.That the said charge sheet against my client was absolutely la he filed a correct reply of the said charge sheet and realising the futility of the said charge, the charge was on.... by the Group Commanding Officer.

6.That having failed in their abhortive attempts to remove from his services, the Commanding Officer has by his to...... has terminated the services of my client

From the date of expiry of one month from the service of the notice that his services were not required by the department.

7. That the said order of termination of the service of my client is  absolutely illegal, mala fide, ultra vires and verifying my client for the following amongst other grounds :

(a) Because the services of my client are sought to be term

bonafide but by way of punishment.

(b) Because the services of my client are sought to be ter

fide on the ground that the charge levelled against my found false and were not proved and the notice is overcome the natural difficulty in removal of my clie

charges.

(c) Because the removal of my client from the services carries with

a stigma of which my client is not at all guilty and is liable to stack down on this account alone. Because the services of my client are sought to be terminated only because he was not able to fit in the caprices of the then Commanding Officer who wanted my client to do his work in addition to the

official duties.

 (e) Because my client has served for more than 3 years and has become

quasi permanent.

(f) Because no proper opportunity was afforded to my client.

(g) Because the notice is quite illegal and invalid in law and the services

of my client has not been validly terminated.

8. That for the reasons inter alia as aforesaid my client's being services have not been lawfully terminated or are they capable of so terminated and my client is entitled to a declaration that he continues and shall be deemed to continue in the Government Services

9. That my client is further entitled to a relief of having the emoluments

as herebefore.

This is, therefore, to serve you with a notice u/s. 80 C.P.C. would do well not to terminate the services of my client and let in the services as before and he should be paid his emoluments as bei on the expiry of two months my client shall be constrained to file as aforesaid on the cause of action as said above at the risk of and consequences which please note.

Yours faithfully,

ADVOCATE

 

 [CD1]NOTICE UNDER SECTION 80 C.P.C.