JAGTAR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the first appellate Court which, on appeal, affirmed those of the trial Court.

(2.) THE facts : The services of the appellant (hereinafter referred to as the plaintiff), who was employed as a Driver with the Punjab Roadways were terminated vide order dated June 2, 1983. The challenge was made on the ground that in the month of April, 1982, the plaintiff suffered from mental depression. He applied for leave on medical grounds and also sought extension upto June 1, 1983. The validity of the order of termination was challenged on the ground that it was passed in breach of the provisions of Article 311 of the Constitution of India. No proper enquiry was held against the plaintiff as enjoined by the Rules before passing the order of termination.

(3.) THE defendant in the written statement controverted the allegations made in the plaint. It was pleaded therein that the plaintiff abandoned his duty without taking per mission from the appropriate authority. He was served with registered notices dated July 30, 1982, August 25, 1982, September 10, 1982 and February 18, 1982, requiring him to resume duty. Thereafter a notice was published in the newspaper calling upon him to join the duty. Since he failed to do so, the order of termination was passed.