AVTAR SINGH, EX Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 29.4.1986 passed by the Additional District Judge, Jalandhar, by which the appeal of the plaintiff-appellant was dismissed and the judgment and decree dated 7.1.1985 passed by the trial Court (dismissing the suit of the plaintiff-appellant) was upheld.

(2.) The plaintiff-appellant was a Conductor in the Punjab Roadways, Jalandhar. His services were terminated by the General Manager, Punjab Roadways, Jalandhar-2, vide order dated 13.4.1983. He had filed an appeal before the Divisional Manager, Punjab Roadways, Jalandhar which was also dismissed, vide order dated 31.10.1983.

(3.) The case of the plaintiff-appellant is that he was issued a charge-sheet about embezzlement to the Government money, to which he filed a reply, but nobody applied his mind to the explanation submitted by him. The plaintiff-appellant challenged the legality and validity of the impugned order, inter alia, pleading that the charge-sheet issued to the plaintiff did not contain sufficient facts and material; that the findings of the Enquiry Officer are not based on evidence; that the extraneous matters and documents were taken into consideration by the Enquiry Officer and punishing authority; that the enquiry was not conducted as per provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as the Rules); that the show-cause notice issued to the plaintiff was also defective; and that the reply of the plaintiff to the show-cause notice was also not considered by the punishing authority; that the plaintiff served a notice under Sec. 80, Code of Civil Procedure, on the defendant, but of no avail; and that, therefore, the plaintiff had to file the suit.