SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiff 's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration (to the effect that order dated 17.03.2004 whereby he has been removed from service and further order dated 15.04.2005 of the State dismissing his appeal are illegal) was dismissed.

(2.) THE appellant was employed as a Conductor in the year 1981 in the Punjab Roadways Depot Muktsar. He was issued a chargesheet and on the basis of the said chargesheet his services were terminated vide order dated 17.03.2004 passed by respondent No.2. The appellant filed an appeal before the Additional Secretary to Government of Punjab, Transport Department against the aforesaid order of dismissal, which was also dismissed as conveyed vide order dated 15.04.2005 to him. It is his further averment that he also submitted memoranda to the Governor of Punjab but to no effect.

(3.) THE suit was contested by the respondents raising various preliminary objections in the written statement. On merits, it was admitted that the plaintiff -appellant was a Conductor and a chargesheet was issued to him and on the basis of the inquiry report he was dismissed from service vide order dated 17.03.2004 and the appeal filed by him was also dismissed. It was asserted that both the impugned orders were legal and valid. The inquiry was conducted in accordance with law and the plaintiff -appellant was found guilty on the basis of the report of the Checking Staff which was correct. The other averments were denied and dismissal of the suit was prayed for.