JOGINDER CHAND Vs. PUNJAB ELECTRICITY BOARD

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree of the first Appellate Court affirming on appeal those of the learned trial judge dismissing the suit of plaintiff-appellant (hereinafter the plaintiff) for declaration that his services were illegally terminated.

(2.) THE plaintiff was appointed as work charge by the Punjab State Electricity Board (Board for short) in the month of February, 1979. He fell ill on February 13, 1987 and on account of his illness, he could not resume bis duties. His request to the authorities for leave on medical ground was declined. His services were terminated vide order dated February 20, 1987. He challenged the order of termination on the ground that the order of termination was issued for his wilful absence from duty and that it resulted in civil consequences. Although it is order of termination simpliciter but was passed as a measure of punishment for the reason that the plaintiff remained absent from duty without leave. The Board did not accept the correctness of the factual position and asserted that the order was passed in terms of Clause 13 (2) of the Board's standing orders.

(3.) FROM the pleadings of the parties, the following issues were framed:-