NIRMAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) TWO Regular Second Appeals bearing RSA No.212 of 1986 (Nirmal Singh Vs. Punjab State through Collector, Gurdaspur and another) and RSA No.917 of 1986 (Punjab State through Collector, Gurdaspur and another Vs. Nirmal Singh), are proposed to be decided together being the connected matters, having been filed against the same impugned judgment passed by the Learned Lower Appellate Court. However, for the facility of reference, the facts are being culled out from RSA No.212 of 1986.

(2.) PLAINTIFF -Nirmal Singh was serving with the defendants as Conductor since the year 1978. On 12.08.1981 when the plaintiffappellant Nirmal Singh was on his duty on the Delhi -Jammu route, he allegedly committed embezzlement and misappropriated the amount of Rs. 423.60 paise issuing tickets to some of the passengers which had already been sold. Inquiry was ordered. Although, during the course of inquiry, the statements of even the concerned passengers were not recorded, yet the Inquiry Officer held the plaintiff guilty of misappropriation of the above said amount. Based on the inquiry report, services of the plaintiff were terminated by the competent authority.

(3.) FEELING aggrieved, the order of termination dated 24.01.1984 was challenged by way of suit for declaration at the hands of the plaintiff -appellant Nirmal Singh. It was alleged that the inquiry was not conducted properly and principles of natural justice were violated. No statements of the concerned passengers were recorded. Copies of the statements of witnesses examined during the inquiry proceedings were never supplied to the plaintiff.