STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) The factual background which has given rise to this appeal is that :

(2.) In a suit filed by the respondent, the civil Court held the termination order to be illegal, null and void and set it aside. Respondent was directed to be reinstated in the service with all rights, benefits and privileges. The first appeal filed by the State was dismissed by the Additional District Judge, Patiala and the second appeal by the High Court by the impugned judgment which is under challenge in the present appeal.

(3.) The sole question for determination is whether the order of discharge was punitive, and therefore, illegal having been passed without conducting any disciplinary inquiry. The High Court relying upon the decision in Smt. Rajinder Kaur v. State of Punjab and another ((1986) 4 SCC 141) has held the order of discharge to be violative of Article 311(2) of the Constitution of India. Before examining this decision, it would be useful to notice other decision relevant on the point in issue.