SATBIR SINGH Vs. MANAGING COMMITTEE

JUDGEMENT

(1.) CM No.12210 -C of 2012: For the reasons mentioned in the application which is supported by an affidavit, delay of 37 days in re -filing this appeal is condoned. The application is disposed of.

(2.) THIS is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration to the effect that order dated 23.11.2005 dismissing him from service is illegal and null and void and consequential relief of mandatory injunction to direct the defendant -respondents to reinstate him in service or in the alternative, provide him some adequate compensation was dismissed.

(3.) AS per the facts, the appellant was appointed as PTI by the defendant -respondents vide order dated 26.3.2001 and was kept on probation for a period of two years. He was served with a chargesheet dated 14.10.2005 and consequent thereto, he was suspended from service. The plaintiff was asked to submit his explanation vide letter dated 7.10.2005, whereupon an Enquiry Committee was constituted and Lt. Col. Sunhara Singh (Retd.) was appointed as Presiding Officer along with two other members and resultantly, thereafter, a show cause notice was served upon him, to which, he submitted reply. However, the Enquiry Committee without considering the reply, dismissed his services vide order dated 23.11.2005. Against the said order, the appellant filed an appeal before the Disciplinary Committee but no action was taken on the said appeal. Hence, the present suit.