STATE OF PUNJAB Vs. HARDEEP SINGH

JUDGEMENT

(1.) This is defendant's appeal against the judgment of the Additional District Judge, Jalandhar, dated 15.3.1991 whereby the appeal filed by the plaintiff was accepted thereby decreeing his claim.

(2.) Briefly put, the plaintiff filed a suit for declaration to the effect that the order dated 21.3.1983 passed by the Commandant terminating the services of the plaintiff is illegal, wrong, criptic, capricious, without jurisdiction and against the terms and conditions of the employment and against the Punjab Police Rules etc. and the plaintiff continues to be in service on the same emoluments as admissible from time to time.

(3.) Defendant put in appearance, filed written statement and controverted the various averments made in the plaint. Besides this, the defendant urged that the suit of the plaintiff is barred by limitation, bad for non-joinder of necessary parties and not maintainable as no notice under Sec. 80 of the Code of Civil Procedure was served before the filing of the suit.