STATE OF PUNJAB Vs. SHAMSHER SINGH SUCHA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the Senior subordinate Judge, Chandigarh, dated 16-5-1969, granting a declaratory decree to the respondent Shamsher Singh against the State of Punjab to the effect that his removal from the service as Subordinate Judge in the State of Punjab under the impugned order Exhibit P. 2 is Illegal and that he continues to be in ser-vice in the State of Punjab as Subordinate Judge,

(2.) SHAMSHER Singh respondent was appointed as Subordinate Judge in the Punjab civil Service (Judicial Branch) on 1-5-1964 by the Governor of Punjab under article 234 of the Constitution of India read with the Punjab Civil Service (Judicial branch) (First Amendment) Rules, 1963. He was appointed on probation but before the completion of his probation period, his services were terminated on 244-67, vide orders Exhibit P. 2. The said order was passed on the recommendation of the High Court, Exhibit D. 3 dated 14-4-1967. The order of termination of the services of the plaintiff was signed by Shri G. Bala-krishanan of the Services department of the Punjab Government, and was communicated to him on 29-41967. The plaintiff raised a number of pleas in the suit which pleas were controverted by the appellant State of Punjab in the written statement,

(3.) ON the pleadings of the parties the learned trial Judge framed the following 13