HARYANA STATE Vs. SEWA DASS

JUDGEMENT

(1.) This judgment shall dispose of Regular Second Appeal No. 2427 of 1991 and Regular Second Appeal No. 2293 of 1991 raising out of the judgment of the District Judge, Karnal, dated 14.8.1991.

(2.) The plaintiff who joined the police department in Nov., 1962 as a constable was promoted in due course as Head Constable and, thereafter as Assistant Sub Inspector till ordered to be dismissed having absented from duty and also remained absent during the period of suspension. The plaintiff challenged his dismissal order on various grounds including that the punishment awarded is not commensurate with the misconduct allegedly established against him. Accordingly, the plaintiff prayed that the impugned order of dismissal be declared illegal not in operative against him and the plaintiff be presumed to be still in service.

(3.) The suit was strenuously contested by the defendants. It was urged by the defendants that the suit is not maintainable in the present form and is bad for non-joinder of parties. In addition thereto, it was urged that the Civil Court at Karnal had no jurisdiction to entertain and try the suit. On merits, it was urged that the enquiry proceedings were legal and the punishment awarded on account of proved misconduct was quite just in the circumstances of the case.