STATE OF PUNJAB AND OTHERS Vs. MANINDER SINGH

JUDGEMENT

(1.) It is defendants' appeal against the judgement of reversal passed by the learned District Judge, whereby judgement and decree passed by the learned trial court dismissing the suit for declaration filed by the plaintiff were set aside, while allowing the first appeal of the plaintiff.

(2.) Brief facts of the case, as noticed by the learned District Judge in paras 2 to 5 of the impugned judgement, are that plaintiff was appointed as Conductor with respondents, who was placed under suspension on the basis of false report and thereafter he was issued a charge sheet on the basis of that false report. He filed reply to the charge sheet, which was not considered with open and judicial mind and later, departmental inquiry was ordered to be initiated against him by appointment of inquiry officer and on the basis of that inquiry, the report against him was found to be false and he was exonerated of the charge and respondent no.4 concurred with the report of Inquiry Officer and he (appellant) was reinstated in service by respondent no.4 vide order dated 7.9.98 and his period of suspension was treated as time spent on duty for all intents and purposes.

(3.) Respondent no.3 reviewed the order of respondent no.4, ibid vide order dated 11.6.99 and thereunder terminated the services of the appellant without affording him opportunity of being heard as also without affording him opportunity to prove his innocence before him. Appellant filed appeal against the order dated 11.6.99 of respondent no.3 whereby his services were terminated before respondent no.2 who called the appellant for personal hearing but he (appellant) could not appear due to indisposition and without hearing him personally, respondent no.2 dismissed the appeal of the appellant and he learnt about this order only 18.10.2002 as also learnt that his appeal has been dismissed on the ground that no appeal lies before respondent no.2 which on the contrary lies against the order of respondent no.3 before Government of Punjab and intimation regarding dismissal of appeal was sent to the appellant vide letter dated 7.8.2002 and the appeal preferred by the appellant against the order passed by respondent no.2 was also dismissed vide order dated 9.3.2004.