UDHE CHAND Vs. PATTI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THE Appellant was in the service of the Municipal Committee Patti. It appears that he remained absent from duty and on that basis an enquiry was held against him. After the Enquiry Officer found the allegations proved against him, the Municipal Committee considered this matter in a resolution and ordered that he be dismissed from service. He filed a civil suit challenging the order of dismissal, inter alia, on the ground that the same had been passed in violation of the Punjab Civil Services Rules which had been adopted by the Municipal Committee. His suit was dismissed and the appeal filed by him also met with the same fate. He has come up in second appeal before me.

(2.) THERE are only two points which call for determination in this case, firstly, whether the Municipal Committee, Patti, had adopted the Punjab Civil Services Rules or not, and, secondly, whether the impugned order had been passed in accordance with the aforementioned Rules or not.

(3.) THE learned Counsel for the Respondent read out before me the observations made by the learned lower appellate Court on this point. That Court over -emphasised the fact that there was no mention in the resolution that rules regarding punishment had been adopted or not and that the copy of the draft rules which were attached to the resolution, had not been produced in the case. I believe, the learned lower appellate Court made an attempt to over -simplify the entire issue. The resolution when read as a whole clearly mentions that rules relating to entry into service and other conditions of service were sought to be adopted. The resolution was in fact passed and subsequent letter of the Executive Officer does mention in categoric terms that the Punjab Civil Services Rules had been adopted by the Municipal Committee. The finding recorded by the learned lower appellate Court on this point emanates from a misreading of the evidence and the same is hereby set aside.