PUNJAB STATE ELECTRICITY BOARD Vs. HARI KISHAN

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and decree of the appellate court by which the suit of the plaintiff respondent has been decreed and the judgment and the decree of the trial Court has been reversed. The fact giving rise to the filing of the appeal may, briefly, be noticed.

(2.) THE plaintiff-respondent filed a suit against the Punjab State Electricity Board for declaration that the order dated November 22, 1968 Exhibit P. 23 passed by the Superintending Engineer removing him from service after the expiry of one month was illegal, unconstitutional and not binding upon him. According to the averments made in the plaint, the plaintiff-respondent was appointed as Meter Reader in pursuance of order dated November 7, 1959. The Superintending Engineer (Ludhiana Circle) served a notice upon him, vide order dated January 19, 1968 terminating his services. The plaintiff-respondent filed an appeal before the Chief Engineer (Operation) and other members of the Punjab State Electricity Board as a result of which the notice of removal was withdrawn. The services of the plaintiff-respondent having been again terminated on December 29, 1968, the present suit was filed.

(3.) THE precise allegation made in the suit is that since the order of removal is by way of punishment, the plaintiff-respondent was entitled to be heard.