BALWINDER SINGH Vs. PUNJAB STATE AND OTHERS

JUDGEMENT

(1.) Having remained unsuccessful before the trial Court as well as before the First Appellate Court, Balwinder Singh, Conductor has filed this Regular Second Appeal to impugn the order of his termination. The appellant had filed a suit seeking declaration to the effect that order dated 30.03.1979 passed by the General Manager, Punjab Roadways, Ludhiana Depot and order dated 08.11.1982 passed by the Director, State Transport Punjab were null, void and were having no effect on the plaintiff.

(2.) On 30.03.1979, the appellant was removed from service and his appeal was dismissed on 08.11.1982. He had challenged these orders on the ground that the appellant was not supplied necessary documents alongwith the charge sheet and also that the inquiry conducted in these cases were illegal and had not been held in accordance with law and procedure as required under the law. It was also pleaded that the appellant was not given a fair and reasonable opportunity to defend himself by the inquiry officer.

(3.) The suit was contested by the respondent-State. The State had objected the jurisdiction of the civil Court to try the suit. It was stated that the orders passed by the General Manager and Director were in accordance with law. Other allegations made in the suit were also denied. The trial Court framed the following issues : -