STATE OF PUNJAB Vs. JAGDISH SINGH

JUDGEMENT

(1.) Services of the respondent-plaintiff as a Conductor with the Punjab Roadways, Patti, were terminated on 31.07.1983. He had challenged this order on the ground that the order was illegal, null and void. Plea also was that the order was not a speaking order as no reasons were assigned therein. It was also pleaded that juniors to the respondent were retained in service but his services were terminated which will violate Article 14 of the Constitution of equality before the law. Further plea was that no charge sheet or show cause notice was served upon him before passing the order terminating the services.

(2.) The appellant-State had filed a written statement objecting to jurisdiction of the Court to try the suit. The allegations made in the plaint were denied. It was pointed out that the respondent-plaintiff was appointed on temporary basis and was on probation for a period of 2 years. Finding his conduct not to be satisfactory, his services were dispensed with in terms of- his condition of his appointment. It was provided in the appointment order that the services of the respondent-plaintiff could be dispensed with at any time without assigning any reason. It was accordingly pleaded that there was no requirement of serving a charge sheet or show cause notice as termination was not by way of punishment but his services were only dispensed with on finding that the respondent plaintiff was not considered suitable for confirmation.

(3.) On the basis of pleading, the following issues were framed: