DR. LAKHVIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Unsuccessful plaintiff Dr. Lak -hvirpal Singh, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 12.10.2000 passed by the first appellate Court which affirmed the judgment and decree dated 14.6.1996 passed by Sub Judge 1st Class, Chandigarh, vide which the suit of the plaintiff -appellant was dismissed.

(2.) The plaintiff filed a suit for declaration to the effect that the order dated 21.1.1999 passed by the Department vide which he was dismissed from service is illegal, void and has no effect on the service of the plaintiff and that the continues to hold the post of Veterinary Officer under defendant No. 1 i.e. State of Punjab with all the privileges of the service.

(3.) The suit was contested mainly by the State of Punjab on the ground that the plaintiff remained absent from duty after the expiry of leave. He was duly charge -sheeted. The charge -sheet was sent to him and the report of the postal authorities was that the "addressee had left India". Thereafter, the charge sheet was got published in the newspaper. The plaintiff did not participate in the inquiry and the Inquiry Officer gave the report against the plaintiff and on the basis of the report of the Inquiry Officer ultimately dismissal order dated 21.1.1991 was passed. Both the Courts went against the plaintiff and not satisfied with the judgment and decree of the first appellate Court, the present appeal.