MANOHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant Regular Second Appeal has been filed challenging the judgment and decree dtd. 18/5/1993 passed by the Court of learned Additional District Judge, Hissar, as well as against the judgment and decree dtd. 21/9/1992 passed by the Court of learned Sub Judge II Class, Hissar, whereby suit for declaration filed by the plaintiff-appellant has been dismissed.

(2.) Brief facts of the case are that plaintiff - Manohar Singh (since deceased) filed a suit for declaration to the effect that order dtd. 13/6/1978 passed by defendant No.2 terminating his services was wrong, null and void, against law and principles of natural justice and the same is liable to be set aside. It was pleaded that he was appointed as an Auditor in the Department of Cooperative Societies in the year 1956 and was promoted as Sub Inspector in that very Department in the year 1960 and thereafter posted as Inspector, Cooperative Societies in the year 1968. During the period August, 1974 to July, 1975, he was posted in Tosham Block, District Bhiwani. On a charge of embezzlement and misuse of official position, plaintiff and one Harbhaj Singh, Sub Inspector were placed under suspension and charge-sheeted. An enquiry was also ordered against the plaintiff and the aforesaid Harbhaj Singh on the basis of charge-sheet. A criminal case was also registered against the plaintiff and aforesaid Harbhaj Singh. Plaintiff and Harbhaj Singh were acquitted by the trial Court on 11/9/1980. On the basis of the report of Enquiry Officer, plaintiff was removed from service vide order dtd. 13/6/1978. It was pleaded that after their acquittal, Harbhaj Singh was reinstated into service, however, plaintiff was not reinstated.

(3.) Defendants filed written statement and denied allegations of the plaintiff. Plea was taken that the suit was barred by limitation.