STATE OF PUNJAB Vs. SAMPURAN SINGH

JUDGEMENT

(1.) The defendant State of Punjab has approached this Court through the present regular second appeal.

(2.) A suit for declaration was filed by the plaintiff to the effect that the order dated April 18, 1980 of the General Manager Punjab Roadways, Ferozepur and order dated July 25, 1980 of the Director, State Transport, Punjab, Chandigarh by virtue of which the services of the plaintiff had been terminated, are illegal, ultra vires, wrong, violative of principles of natural justice and contrary to the provisions of Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as the Rules). The plaintiff claimed that he was working as a conductor in the department of Transport Punjab Roadways and had been dismissed from service. He claimed that a charge-sheet was served upon him and he had filed a reply to the charge- sheet in which he denied all the allegations against him. It was claimed that the charge-sheet was defective in nature and the same had been issued with a prejudiced mind and pre-supposed guilt of the plaintiff. It was claimed that during the course of enquiry, the plaintiff was not given a proper opportunity to present his side of the case inasmuch as he was denied the assistance of co-worker as a defence helper. It was claimed that the department was assisted by a law graduate, whereas the plaintiff being a mere layman himself was engaged in defending his case. Various other pleas were taken challenging the aforesaid enquiry proceedings. It was further claimed that the Enquiry Officer had not complied with sub-clauses 10, 11, 16, 17 and 18 of Rule 8 of the Rules.

(3.) The learned trial Court dismissed the suit field by the plaintiff.