STATE OF PUNJAB Vs. NIRANJAN SINGH

JUDGEMENT

(1.) Present appeal, at the instance of defendant, is directed against concurrent findings recorded by both the learned courts below, whereby suit for declaration filed by the plaintiff-respondent, was decreed. Brief facts of the case, as noticed by the learned first appellate court in paras 2 and 3 of the impugned judgement, are that the plaintiff was working as Conductor in the department of Transport, Punjab and was posted at Tarn Taran. He was charge sheeted. He filed replies to the charge sheets but his replies were not considered by the authorities. Enquiry officer was appointed who submitted his report and the General Manager thereafter passed the impugned order which the plaintiff challenged on the grounds given in the plaint. After serving notice u/s. 80 C.P.C., the plaintiff filed the suit for declaration that various orders whereby his increments were stopped, passed by the General Manager, Punjab Roadways are illegal, ultra vires, wrong, wanton, capricious, without jurisdiction, against the principles of natural justice, fair play, equity terms and conditions of the employment, provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 against the procedure, precedent and rules, null and void and that the plaintiff is thus entitled to all benefits available from time to time.

(2.) The suit was contested by the defendant who filed written statement and raised preliminary objection that the suit is barred by time and that the suit is not maintainable in the present form.

(3.) On merits, it was pleaded that the plaintiff was working in the Punjab Roadways but denied the other allegations stating that the inquiry was conducted in accordance with rules of the department and there is no violation of the rules as alleged and that the suit is liable to be dismissed.