STATE OF HARYANA AND OTHERS Vs. JASWANT SINGH

JUDGEMENT

(1.) Jaswant Singh respondent (plaintiff) has filed a suit for declaration that the orders dated 13.6.1990, 14.6.1990 and 8.1.1993 passed by the State Transport Controller, Haryana, by virtue of which he had not been considered for promotion as Sub Inspector in the pay scale of Rs. 1200-2040 and juniors to him had been promoted by superseding him, were illegal and not binding on his rights. The said suit was decreed by the Civil Judge (Jr. Division) Jagadhari, vide his judgment and decree dated 15.11.1997 by holding that the annual confidential reports for the year 1980-81 Ex. D2 and for the year 1982-83 Ex. D3 cannot be presumed to be adverse as the same were never conveyed to the respondent. It was further held that the annual confidential reports or the year 1983-84 has also been conveyed to the respondent in the year 1986 after a lapse of two years against which he had filed a representation which has not been decided so far.

(2.) Aggrieved by the said judgement and decree, the State of Haryana filed an appeal which was dismissed by the Addl. District Judge, Jagadhari, vide his judgment and decree dated 14.8.2000 except with the modification that the orders dated 13.6.1990 and 14.6.1990 were held to be time barred and as such could not be challenged before the civil Court.

(3.) Still dissatisfied, the appellant-State of Haryana has filed the present appeal.