STATE OF PUNJAB Vs. LASHKAR SINGH

JUDGEMENT

(1.) LASHKAR Singh, writ petitioner (now respondent in the present L. P. A) bed been appointed as Vaccinator on 16th September, 1967, on a wholly temporary basis. Later while he was working as such in the Primary Health Centre, Adampur, his explanation was called by the Chief Medical Officer, Julluadur about his remissness in the performance of his duties in as much as he failed to give small-pox vaccination to a 7 year old child of village Kadiana Reply was submitted by the petitioner. However, his services were terminated through a telegram dated 1st November, 1974. This order was challenged by the writ-petitioner through a writ petition in this Court, which was allowed by the learned single Judge vide judgment dated 16th September, 1982. Aggrieved by the said judgment, the state has come up in appeal.

(2.) IT may be observed here that initially notice of motion was issued on 21st December, 1982, but no one appeared on behalf of the respondent, and consequently, the Letters Patent Appeal was admitted on 11th April, 1983 and the operation of the judgment of the learned Single Judge was stayed. Thereafter, by way of substituted service, the notice of admission was published in the newspaper regarding Farzi date of hearing. A registered notice was also sent at the list ' known address for the actual date of hearing. Neither the respondent nor any counsel has put in appearance on his behalf.

(3.) THE learned counsel for the appellants submitted that the learned Single Judge had wrongly, held that the order of termination had been passed by way of punishment. He further submitted that the writ-petitioner's services had been extended upto 31st October, 1974 and that is why he was relieved on 1st November, 1974, vide telegram Annexure P-4.