STATE OF HARYANA, THROUGH COLLECTOR Vs. RAM SINGH

JUDGEMENT

(1.) Present appeal has been preferred by the State of Haryana -Defendant to the suit filed by Ram Singh - Respondent. Plaintiff-Respondent, Ram Singh, filed a suit for declaration that he is in continuous service of the State and is entitled to all benefits as if there is no order of termination or dismissal.

(2.) In the plaint, it was stated that Ram Singh, Plaintiff was appointed on 11.1.1979 as T-Mate in the pay scale of Rs. 35-1-45 on regular basis in the office of Sub Divisional Officer, Canal Lining Mechanical Sub Division No. 13-, Hissar. It was further pleaded that he continued in service till 31.5.1982 when he was placed under suspension and an enquiry was ordered against him. The grievance was made that neither the authorities have revoked the suspension nor conducted any enquiry and not even an order of termination or dismissal has been passed. It is stated that no charge sheet or list of allegations was served or supplied upon the Plaintiff Respondent, enquiry was not conducted, no opportunity of hearing was afforded and no show cause notice was issued regarding any proposed action. The State of Haryana filed reply and stated that Plaintiff was never appointed on regular basis. He was a work-charge employee. He continued to work upto 17.12.1982. His services were terminated by the Executive Engineer, Canal Lining Mechanical Division No. 5, Hissar and there was serious allegation against the Petitioner that he has driven government truck in an unauthorized manner and he was caught red handed while causing pilferage of the cement in the truck on 15.12.1982. He admitted his guilt before the Executive Engineer and therefore, his services were terminated on 17.12.1982 after enquiry was conducted.

(3.) The trial Court, after completion of the pleadings, had formulated the following issues: