AMRIT SINGH Vs. GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) The appellant is a Conductor and was working with Punjab Roadways Depot at Jalandhar. He was conducting the bus No. PBJ-4586 on 4.9.1982, while it was enroute from Jalandhar to Bathinda. The bus was checked by 3 Inspectors of the Roadways namely Harpal Singh, Jagish Singh and Bhagwan Dass. They made a report to the effect that 8 passengers were found travelling without tickets from Moga to Baga Purana. Report further was that they had paid the fare at the rate of Rs. 1.75 per passenger. Thus, the appellant was alleged to have embezzeled an amount of Rs. 14/-. On the basis of this complaint, the charge sheet was served to the appellant and his explanation was sought. Inquiry was also ordered and ultimately the services of the appellant were terminated on 17.2.1983. The appellant accordingly filed the present suit seeking declaration that the impugned order of termination was null, void and ineffective.

(2.) The suit was contested by the respondent-plaintiff/State. It was pleaded that there was no valid notice served under Section 80 CPC. It was admitted that the appellant was employee of the roadways, but it was stated that full opportunities were afforded to him by the punishing authority before passing the final order of his termination.

(3.) The suit proceeded on the following issues: