PUNJAB STATE Vs. BALWINDER SINGH, EX-HEAD CONSTABLE

JUDGEMENT

(1.) THIS regular second appeal has been filed by the State of Punjab and it has been directed against the judgment and decree dated 28.8.1998 passed by the Additional District Judge, Jalandhar who affirmed the judgment and decree dated 19.12.1996 passed by the Court of Civil Judge (Junior Division), Jalandhar, who decreed the suit of the plaintiff -respondent Head Constable Balwinder Singh.

(2.) THE brief facts of the case are that Balwinder Singh plaintiff -respondent filed a suit for declaration that the order dated 5.7.1995 passed by the Deputy Inspector General of Police, PAP Jalandhar Cantt, whereby his appeal was dismissed and in which the order dated 31.8.1994 passed by the Commandant 13th Battalion, PAP Jalandhar Cantt dismissing him from service, creating the period from 8.2.1994 to 16.3.1994 and from 19.4.1994 to 24.4.1994 of his alleged absence as non -duty and further taking the period of suspension as period of suspension for all purposes, has merged, is illegal, null and void, against the provisions of service rules and rules of natural justice and is not binding on the plaintiff and he continues to serve the department as Head Constable as before 31.8.1994 with all consequential relief.

(3.) ON the pleadings of the parties, the trial Court framed the following issues :