PUNJAB STATE Vs. RAMESH CHANDER

JUDGEMENT

(1.) INSTANT regular second appeal arises out of a suit for declaration filed by the respondent -plaintiff which was decreed by the Court of first instance and appeal preferred by the appellants -defendants has also been dismissed by the learned lower appellate Court. The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are that respondent plaintiff filed a suit for declaration alleging that he was working as a Patwari. He was convicted in a criminal case and was dismissed from, service. No order was communicated to him, therefore, it was not known to the respondent -plaintiff whether the order of dismissal was retrospective or prospective. It was further alleged in the plaint that the appeal of the plaintiff against his conviction was pending in the Hon'ble Supreme Court. He had accordingly challenged the dismissal order in the civil suit.

(2.) UPON notice, appellants -defendants contested the suit alleging that the order had been passed on 02.05.1974 by the Collector dismissing the plaintiff from service on 14.03.1974 as he had been convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and he has been rightly dismissed from service after following procedure under the service rules.

(3.) THE Court of first instance after perusal of the evidence recorded issue -wise findings and decreed the suit of the plaintiff vide judgment and decree dated 03.09.1985. Against that, appellants defendants preferred an appeal, which has been dismissed vide judgment and decree dated 28.05.1986 with a direction that as and when the appeal of the plaintiff before the Hon'ble Supreme Court is decided, it shall be open to the Collector to take such disciplinary action against the appellant in accordance with law.