RAMPHOOL YADAV EX-CONSTABLE Vs. HARYANA STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgments and decrees dated 19.10.1996 and 30.7.1998 passed by the Civil Judge (Junior Division), Gurgaon, and Additional District Judge, Gurgaon, respectively, whereby the suit filed by the appellant against his dismissal from service has been dismissed.

(2.) THE appellant, who joined the Police Department as a Constable, on 3.7.1976, was charge -sheeted on 28.5.1993 on the ground that he had consumed liquor while he was on duty and also that he remained absent from duty on 2.10.1992. An inquiry was held and, ultimately, he was dismissed from service vide Order dated 13.9.1993 passed by the Superintendent of Police, Rewari (Defendant -respondent No.3). His appeal against his dismissal was declined by the Deputy Inspector General of Police, Gurgaon (respondent No.2), vide order dated 21.4.1994. The appellant filed Civil suit wherein challenge to the orders dated 13.9.1993 passed by the Superintendent of Police, Rewari (respondent No.3), and dated 21.4.1994 passed by the Deputy Inspector General of Police, Gurgaon (respondent No.3), was made. The suit was contested by the State of Haryana. On the pleadings of the parties, the Civil Judge (Junior Division), Gurgaon, framed a number of issues. How - ever, the contentious issues is to the following effect : - Whether the order dated 13.2.1993 whereby services of plaintiff were dismissed and subsequent order dated 21.4.1994 whereby the plaintiff 's appeal was dismissed, are null, void and not binding on the plaintiff?

(3.) THE substantial questions of law that arise for determination by this Court are to the following effect : -