SARDARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the plaintiff, against the judgment and decree, passed by the District Judge, accepting the appeal of the defendants, setting aside the judgment and decree of the trial Court and dismissing the suit of the plaintiff, in toto.

(2.) Sardari Lal, plaintiff, had filed a suit for declaration, challenging his dismissal order dated 26.3.1980 from the post of Patwari. It was alleged that the plaintiff was arrested under the provisions of Prevention of Corruption Act (hereinafter referred to as the Act) for having accepted illegal gratification of Rs. 80/- and FIR dated 18.4.1979 was registered against him. The plaintiff was placed under suspension during trial and he was convicted by the Special Judge, Jalandhar. The Appeal of the plaintiff was also dismissed by this Court, vide order dated 4.6.1982 and the Appeal, filed by the plaintiff, was also dismissed by the Hon'ble Supreme Court. During the intervening period, the plaintiff was dismissed from service w.e.f. 26.3.1980 and this dismissal of the plaintiff was challenged by him by filing the suit for declaration, alleging therein that the order of dismissal was illegal and void and no inquiry was held and no show-cause notice was issued to him and that he was dismissed from service during the pendency of the Appeal against conviction. The suit was contested by the defendants, by filing written statement, alleging therein that in view of the conviction of the plaintiff, in a case under the Act, no inquiry was required to be held and that the plaintiff was rightly dismissed from service.

(3.) After hearing both the sides, the learned trial Court decreed the suit of the plaintiff for declaration, as prayed for. With regard to the entitlement of the plaintiff to all the benefits of service, it was ordered that the plaintiff shall be entitled to the benefits of service from the date of his joining the service in consequence of the judgment and decree, passed by the trial court. It was further directed that the defendants would be at liberty to proceed against the plaintiff, in accordance with law. Aggrieved against the said judgment and decree of the trial Court, two Appeals were filed. One Appeal was filed by the defendants, challenging the judgment and decree of the trial Court, whereby the suit of the plaintiff was decreed. The other Appeal was filed by Sardari Lal, plaintiff, claiming the arrears and other service benefits. After hearing both the sides, the learned District Judge dismissed the appeal of the plaintiff and accepted the appeal of the defendants and as a result thereof, he set aside the judgment and decree of the trial Court and dismissed the suit of the plaintiff, in toto. Aggrieved against this judgment and decree of the learned District Judge, the plaintiff has now filed the present Regular Second Appeal in this Court.