RAGHUBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 24.01.2002 which had endorsed the finding of the Trial Judge dated 01.10.1993, whereby, the suit of the plaintiff Raghuvir Singh was dismissed.

(2.) The plaintiff had filed a suit for declaration and consequential relief. He had joined service of the defendant no. 2 i.e. Haryana Roadways Corporation as a conductor w.e.f. 30.09.1967. He served there till 30.04.1971. On 30.04.1971, his services were illegally terminated. He was placed under suspension on a false accusation. Charge-sheet had been issued. Enquiry Officer had been appointed. However, Departmental enquiry was not conducted. The general manager of the Department called the plaintiff and on the belief that no harm will be caused to him, the plaintiff gave in writing that he was not interested that an enquiry be conducted against him. The plaintiff accordingly gave application dated 10.03.1971 to the said effect. This resulted in the termination of his service. In spite of request to the Department to reinstate him, his request was not considered. His appeal was dismissed on 10.12.1980. It is pointed out that there has been a violation of the principles of natural justice. Suit was accordingly filed.

(3.) Defendant contested his suit. It was stated that a chargesheet had been served upon the plaintiff, whereafter, the plaintiff had himself given in writing that he does not wish any enquiry to be conducted against him and he would be satisfied with the punishment meted out to him.