KULWANT SINGH Vs. THE STATE OF PUNJAB ETC.

JUDGEMENT

(1.) This Regular Second Appeal is directed by the plaintiff against the judgment and decree dated 26.3.1999 passed by the District Judge, Kapurthala, whereby his appeal was dismissed and the judgment and decree of Civil Judge (Sr. Division), Kapurthala dated 14.9.1996 was upheld, vide which the suit for declaration was dismissed.

(2.) Briefly stated, the facts are that the appellant (plaintiff) joined the Punjab Police Department as Constable in the PAP at Jalandhar Cantt. in May 1999. Later on, he was shifted to Commando Organisation and was attached with 3rd Commando Battalion.

(3.) On 25.10.1992, he was deputed to disburse the pay of Jawans engaged in operation duty at Ludhiana. Some of the Jawans had gone to Patiala on duty, so the entire amount of salary could not be disbursed. He had to wait for their arrival. In the meantime, it is alleged that the appellant learnt that his mother was seriously ill and he went to the village to see her. When his mother was declared medically fit and also after disbursing the salaries to the other Jawans, he reported for duty on 11.11.1992.