PUNJAB STATE Vs. KULWANT SINGH

JUDGEMENT

(1.) UNDER challenge in this case is the order passed by the Additional District Judge, Amritsar, who has allowed the appeal of respondent-plaintiff Kulwant Singh and had decreed his suit setting- aside the order of his termination passed on 19.5.1981.

(2.) WHILE serving as Conductor in Patti Depot, respondent- plaintiff was charge sheeted on 26.2.1981 with the allegation that he had charged fare from six passengers travelling in the bus on 22.2.1981 on route Amritsar to Ludhiana. Respondent-plaintiff had allegedly not issued tickets to these passengers and, thus, was accused of embezzling a sum of Rs.14/-. Respondent-plaintiff had denied the allegation made against him and, thus, Enquiry Officer was detailed to hold the enquiry. As per the allegation, the enquiry was held with a prejudiced mind, where respondent-plaintiff was not given adequate and a fair chance to put forth his case. The plea is that he was not given the assistance of a co-employee as required under Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970. He had accordingly filed the suit to impugn the order of dismissal, which was said to be tainted and illegal.

(3.) THE Trial Court framed the following issues: