STATE OF PUNJAB AND OTHERS Vs. YASH PAL

JUDGEMENT

(1.) The respondent filed a suit for declaration to the effect that order dated 1.10.1974 dismissing him from service with effect from 30.10.1973 and communicated to him by way of written statement in a suit filed, was void and he be declared to be continuing in service with all benefits and interest at the rate of 12% per annum, to be compounded annually.

(2.) Case of the respondent-plaintiff is that he joined as JBT teacher in a Government High School on 13.9.1966. His appointing authority was District Education Officer. He was involved in a false murder case on 20.3.1973. He was convicted on 31.10.1973. Conviction was upheld by the High Court on 25.8.1977. He was released after undergoing the sentence on 16.3.1982. He sought to join duties but was not allowed to do so. Thereafter, he filed a suit wherein a written statement was filed to the effect that an order of dismissal had been passed against him on 1.10.1974. He withdrew the earlier suit and filed the present suit on 16.3.1983.

(3.) The State contested the suit, inter alia, on the ground that the same was barred by limitation. His dismissal was based on his conduct which led to his conviction after a criminal trial for alleged murder. Order of dismissal was sent through Block Development Officer under registered despatch on 1.10.1974. The Deputy District Education Officer passed the order of dismissal but at that time, no regular/permanent District Education Officer was posted at Gurdaspur and the Deputy District Education Officer was acting as District Education Officer.