STATE OF PUNJAB Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) SINCE identical question of law and facts are involved in both Regular Second Appeal Nos.1516 of 1991 (State of Punjab and another Vs. Harbhajan Singh) and 1517 of 1991 (State of Punjab and another Vs. Charanjit Singh), the same are being decided by this common order.

(2.) SERVICES of Harbhajan Singh, respondent-plaintiff, were dispensed with on 10.9.1984 in terms of the conditions contained in his appointment letter. He had filed this suit to challenge the order being illegal, void and malafide. Respondent-plaintiff was working as Chowkidar with District Food and Supplies Controller, Ludhiana. Respondent-plaintiff was involved in a criminal case for theft of food stocks for which he was convicted but released on probation. His plea is that his services were terminated by way of punishment and he had accordingly challenged the order being illegal, void and malafide. FACTS OF R.S.A. NO.1517 OF 2005

(3.) THE submission in both appeals is that the services of the respondent-plaintiffs could not have been terminated till they were convicted by the Magistrate. To highlight the fact that the termination was illegal, the respondent-plaintiffs had pleaded that after their termination more Chowkidars were recruited. It was further pleaded that their services were terminated without serving any charge sheet or without holding any enquiry.