STATE OF PUNJAB Vs. OM PARKASH

JUDGEMENT

(1.) State is in appeal against the judgment and decree passed by the courts below in a suit for declaration holding the order of termination dated 3.7.1969 as illegal, void and plaintiff was held to be in service of the defendant.

(2.) The plaintiff-respondent was employed as a conductor in the Punjab Roadways at Jalandhar. He was charge-sheeted on 4.1.1979 on the allegations that he had not issued tickets to passengers and had collected the fare from them. An inquiry officer was appointed. However, it was the case of the plaintiff that his reply was not considered before appointing the Inquiry Officer and an order of termination of the services of the plaintiff was passed.

(3.) The plaintiff has alleged that the charge-sheet was defective. He was not supplied with the list of witnesses and the list of documents. Thus, he was prejudiced in his defence. He has averred that he was not given an opportunity to state his defence under Rule 8(16) and evidence led by the defendant was not put to him as contemplated under Rule 8(18) of the Punjab Civil Services (Punishment and Appeal) Rules.