STATE OF PUNJAB & ORS. Vs. KARNAIL SINGH

JUDGEMENT

(1.) State of Punjab, defendant in the trial Court has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 18.8.1998 passed by the Court of Additional District & Sessions Judge, Jalandhar who accepted the appeal of Karnail Singh, plaintiff-respondent by setting aside the judgment and decree dated 25.2.1997, passed by the Court of Civil Judge who dismissed the suit of the plaintiff for declaration as prayed for.

(2.) Some facts can be noticed in the following manner. Shri Karnail Singh plaintiff challenged the order of dismissal dated 28.4.1995 passed by the Commandant, 75th Battalion, PAP, Jalandhar by seeking declaration that the said order is void, unlawful, unconstitutional, mala fide, against the provisions of law, service rules and rules of natural justice and that the Department has not conducted the inquiry.

(3.) The suit was contested by the State which tried to justify the order of dismissal dated 28.4.1995.