STATE OF PUNJAB Vs. ROMESH CHANDER

JUDGEMENT

(1.) Respondent-plaintiff, Romesh Chander was working as Conductor in the Punjab Roadways, Pathankot. He was dismissed from service by Divisional Manager, Transport Department, Jalandhar on 22.08.1983. The respondent-plaintiff accordingly challenged his termination by filing a suit seeking declaration that his order of dismissal was illegal, null and void. He also pleaded that the charge sheet issued to him was against law, rules and procedure. Further plea was that he could not exercise his right to cross examine the witnesses effectively and that the charge sheet was framed only on the basis of suspicion.

(2.) After considering his reply, inquiry was ordered and conducted under the Punjab Civil Services (Punishment and Appeal) Rules, 1970. It is pleaded that the inquiry officer did not question the Regular Second Appeal No. 3124 of 1986 2 respondent-plaintiff in regard to circumstances appearing in evidence against the respondent-plaintiff and his statement was also not recorded as required under the rules. The grievance also is that he was not provided assistance of co-workers.

(3.) The suit was contested, pleading that the procedure as envisaged under the rule was followed to pass the order of dismissal of respondent-plaintiff from service. The suit filed by the respondentplaintiff was decreed by the trial Court. While decreeing the suit, the trial Court also held that the appeal was decided by the Divisional Manager, Jalandhar and as such it would be nullity and without jurisdiction. It was then observed that the appellate order dismissing the appeal of the respondent-plaintiff was null and void. Since the order passed by the General Manger has merged with the appellate order so the original order is said to be bad on that count.