HARYANA STATE Vs. LAKHENDER PRAKASH

JUDGEMENT

(1.) State of Haryana has filed the present Regular Second Appeal and is directed against the judgment and decree dtd. 19/11/1993, passed by the Court of Additional District Judge, Faridabad, which dismissed the appeal of the State by affirming the judgment and decree dtd. 3/3/1992, passed by the Court of Sub Judge 2nd Class, Faridabad, which decreed the suit of the plaintiff-respondent-Lakhender Prakash for declaration that verbal orders of the termination of the service of the plaintiff on 11/11/1987, were illegal, unlawful, malafide and plaintiff continues to be in service. It was also declared by the Court that the plaintiff would be entitled for back pay and allowances from the date of his termination and that he would be entitled for reinstatement into service.

(2.) It is apt to mention here that earlier the instant appeal was dismissed by the learned Single Judge of this Court vide judgment dtd. 3/5/2000. The said judgment was challenged before the Hon'ble Supreme Court by the appellant-State of Haryana and respondent- Lakhender Prakash (deceased) and the Hon'ble Supreme Court was of the view that neither any substantial question of law was framed nor it was considered in the impugned judgment, therefore, the case was remanded to this Court vide order dtd. 30/1/2003.

(3.) Thereafter, while admitting the appeal, following substantial questions of law were framed vide order dtd. 21/9/2004: -