STATE OF PUNJAB Vs. GULZAR SINGH

JUDGEMENT

(1.) The matter has been taken up through Video conferencing on account of outbreak of pandemic COVID-19.

(2.) Gulzar Singh respondent initially plaintiff before the Court of learned Sub-Judge Patiala who at the relevant time was appointed as a constable and has joined his duties on 7/2/81 and was allocated constabulary No. 1537. It is subsequent thereto during the course of his duties he was charge sheeted on 26/7/87 for being absent from duty w.e.f. 6/8/85 to 24/5/87. After due adoption of the process of holding of inquiry he was dismissed from service vide order No. 26727/31/2 dtd. 7/12/87. It is this very order which is subject matter of his suit for declaration whereby he has sought setting aside of the same. The primary grounds are that the inquiry officer did not afford him adequate opportunity nor was heard and the orders had been passed are illegal and liable to be setaside.

(3.) The defendants took the plea of the suit being not maintainable claiming that during the course of his service, the plaintiff was charge-sheeted and full opportunity of hearing was afforded to him and, thereafter, the orders of dismissal were passed.