JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is regular second appeal filed by Jarnail Singh, Sub Inspector in the Department of Food & Supplies Punjab against the judgement and decree dated 18.4.2001 of Additional District Judge, Sangrur, reversing that of Additional Civil Judge (Sr. Division) Sangrur, dated 20.12.1995, who had decreed his suit for declaration that the order dated 21.9.1988 passed by the Director, Food and Supplies/Special Secretary to Government of Punjab, Chandigarh by which he had brought him down to the basic pay of Sub Inspector permanently and also had burdened him with penalty to the tune of Rs. 96154/- for the loss which he had caused to the State, recoverable in monthly installments of Rs. 1000/-, was illegal, void and not binding upon him and for permanent injunction restraining the defendants from implementing the said order and from recovering the amount from his pay.

(2.) Facts :

(3.) Defendant-State of Punjab contested the suit of the plaintiff, urging that the impugned order was perfectly legal. It was passed after giving full opportunity of being heard to the plaintiff. Impugned order was appealable. He did not avail the remedy of appeal in the departmental side and, as such, suit was not maintainable.