GURDEEP SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) GURDEEP Singh, plaintiff-appellant herein was employed as a Conductor in Punjab Roadways, Nawanshaher. He was conducting Bus No. PBQ 4150 from Chandigarh to Jalandhar on 5. 8. 1981 when he was intercepted and checked by Saroop Singh Chief Inspector, Tarlok Singh and Som Nath Inspectors. It was found that he had charged fare amounting to Rs. 9. 60p. from 12 passengers for their travel from Kharar to Kurali without issuing any ticket. He was charge sheeted on 20. 8. 1981. The reply to the charge sheet having been found unsatisfactory a departmental enquiry was held into the said charge. According to the enquiry report, although he was not found guilty of misappropriation yet he was found negligent in his duty. After issuing a show cause notice, considering his reply and hearing him in person, his services were terminated on 26. 4. 1982.

(2.) FEELING aggrieved the plaintiff-appellant filed Civil Suit No. 148 on 20. 1. 1984 against the Slate of Punjab etc. for a decree for declaration to the effect that the order dated 20. 4. 1982, passed by the General Manager, Punjab Roadways Nawanshaher, vide which his services had been terminated was illegal, wrong, ultravires malafide biased, against Punjab Civil Services (Punishment and Appeal) Rules, 1970 principle of natural justice, departmental instructions and was null and void.

(3.) AFTER the parties led evidence their counsel were heard. Learned Sub Judge III rd class, Jalandhar, dismissed the suit vide his judgment and decree dated 22. 11. 1984. Civil Appeal No. 113 of 1985 filed by the plaintiff was also dismissed by the Additional District Judge, Jalandhar vide his judgment and decree dated 28. 8. 1986. It is that judgment and decree of the First Appellate Court which has been impugned in (his Regular Second Appeal and which requires my examination of its sustainability.