STATE OF PUNJAB Vs. AMAR SINGH HARIKA

JUDGEMENT

(1.) The respondent, Amar Singh Harika, who was an Assistant Director, Civil Supplies, in the Patiala and East Punjab States Union, was dismissed from service by an order purported to have been passed on the 3rd June 1949; this order was, however, communicated to him by the Chief Secretary, Pepsu Government, on the 2nd/3rd January, 1953. The respondent filed a suit against the appellant, the State of Punjab, and alleged that the impugned order whereby he was dismissed from service, was invalid, inoperative and illegal. This suit was instituted by the respondent in the Court of Sub-Judge, II Class Patiala. The respondent pleaded that the impugned order had been passed without holding any enquiry, and that the procedure adopted by the appellant in respect of the said enquiry was wholly illegal and invalid. That is why he claimed a declaration that despite the said order of dismissal, he continued to be an employee of the appellant and to hold his position as Assistant Director, Civil Supplies. As a consequential relief, the respondent also asked for an order calling upon the appellant to post him as Assistant Director, Civil Supplies, or to some other post of the same status.

(2.) This claim was resisted by the appellant on several grounds. The appellant urged that the suit filed by the respondent was incompetent in law. It also alleged that the impugned order was valid, legal and binding on the respondent; and it raised the plea of limitation.

(3.) On these pleadings, the learned trial Judge framed three issues; they were:(1) Is the dismissal of the plaintiff from service of the defendant illegal, void and ultra vires (2) Is the suit within time and (3) Is the suit maintainable The first two issues were answered by the trial Judge in favour of the respondent. He, however, held that the suit filed by the respondent was not maintainable in law with the result that the respondent's claim was dismissed with costs.