STATE OF PUNJAB Vs. GURMEJ SINGH

JUDGEMENT

(1.) The State has filed this appeal against the concurrent finding of the fact recorded by the trial Court as well as by the First Appellate Court. Gurmej Singh, respondent-plaintiff was working as Conductor with Punjab Roadways, Patti. He was placed under suspension without holding any preliminary enquiry. Thereafter, the respondent-plaintiff says that indefinite charge sheet was served upon him and the charges therein were based on false and frivolous reports. The respondent-plaintiff would also term the charge sheet to be defective and inquired into in a manner presupposing his guilt.

(2.) Having been terminated on 13.11.1981, the appellant filed a suit on number of grounds including that he was not allowed assistance of his co-employee. The plea was that the order of termination accordingly was illegal.

(3.) The appellant-State contested the suit by raising objection regarding the jurisdiction of the Court to entertain the suit. On merits, it was conceded that the respondent-plaintiff was placed under suspension on receipt of report from the Inspector and subsequently was served a charge sheet. The appellant would thus pray that the impugned order is legal and valid. Following issues were framed by the trial Court: