STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) It is defendants' second appeal against the concurrent findings of facts recorded by both the learned courts below, whereby suit for declaration filed by the plaintiff-respondent, was partly decreed.

(2.) Briefly stated, facts of the case, as noticed by the learned trial Court, in para 1 and 2 of the impugned judgment, are that Balbir Singh plaintiff was serving as driver in Punjab Roadways, Patti. Vide six orders dated 30.06.1975, 26.05.1977, 03.06.1983, 23.02.1977, 14.09.1978 and 30.09.1980 passed by General Manager, Punjab Roadways, Patti, the increments of the plaintiff were stopped. By filing the suit, the plaintiff challenged these orders passed by General Manager, Punjab Roadways, Patti claiming in same to be null and void against law, against Constitution of India, and against Punjab Civil Services Rules and as such were not binding on the plaintiff. The plaintiff alleged that all these orders were non-speaking orders. These were against the principles of natural justice as no opportunity was given to the plaintiff and that these orders were never communicated to him. Hence he filed the suit seeking declaration from the Court that all these orders be set aside being null and void and that the plaintiff be given all benefits of service to which he was entitled.

(3.) Notice of the suit was given to the defendants. The defendants filed written statement and resisted the suit of the plaintiff. Five technical objections were taken in the written statement. First that the suit was bad on account of non-joinder of necessary parties i.e. General Manager, Punjab Roadways, Tarn Taran; secondly, that the civil Court at Patti had no territorial jurisdiction.