LAWS(P&H)-1992-12-40

PUNJAB STATE Vs. SH SATINDER SINGH

Decided On December 15, 1992
PUNJAB STATE Appellant
V/S
SH SATINDER SINGH Respondents

JUDGEMENT

(1.) THE plaintiff-respondent was recruited as a Constable on March 6, 1984. He was absent from duty on June 22, and 23, 1984. On July 17, 1984, the plaintiff respondent was discharged from service. Aggrieved by the order, he filed a civil suit. It was averred that the order of discharge though apparently innocuous, had been passed on account of the alleged absence of the plaintiff-respondent from duty. On this premises, it was contended that the order was punitive in character and could not have been passed except after holding an enquiry in accordance with the provisions of the Rules.

(2.) IN the written statement filed on behalf of the defendant-appellants, it was inter alia stated that

(3.) FINDING that the plaintiff respondent had been discharged from service on account of his alleged absence, the suit was decreed. The finding of the learned trial Court having been affirmed by the learned lower appellate Court, the State of Punjab alongwith Commandant 75th Bn. of the Punjab Armed Police, Jallandhar have come up in his second appeal.