STATE OF PUNJAB Vs. KARNAIL SINGH

JUDGEMENT

(1.) This is defendants' regular second appeal against the judgment 0and decree of the Additional District Judge whereby the appeal filed against the Judgment and decree of the trial Court was accepted, thus decreeing his claim.

(2.) Briefly put, Karnail Singh was employed as a JBT teacher in the Government High School when he was prosecuted in a murder case and after the trial he was sentenced to undergo imprisonment of life and to pay a fine of Rs.1,000/-. The appeal filed by him too was dismissed by the High Court and further appeal before the Supreme Court met the same fate. The District Education Officer thus dismissed him on 10.6.1975 w.e.f. 3.10.1973. Karnail Singh after undergoing the sentence reported for his duty on 11.11.1982 when he was informed that he stands dismissed. On these promises, he filed the present suit challenging his dismissal order on the ground that he had not been served with any notice before passing an order of dismissal nor any enquiry was held.

(3.) Defendants resisted the claim of the plaintiff primarily on the ground that on account of his conviction in a murder case, the order of dismissal passed by the authorities is according to law and so does; not call for interference.