RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the plaintiff against the judgment and decree dated 2.9.2003 passed by the Additional District Judge, Gurdaspur, whereby the appeal filed by the defendants was accepted, the judgment and decree of the Trial Court were set aside and the suit of the plaintiff was dismissed.

(2.) Rajesh Kumar plaintiff had filed suit for declaration to the effect that the impugned order dated 14.1.1998 passed by the Superintendent of Police-cum-Assistant Inspector General, Govt. Railway Police Punjab, Patiala, by virtue of which the plaintiff was discharged from service, was illegal and void and not binding on the rights of the plaintiff and similarly the impugned order dated 8.6.1999 passed by the Inspector General of Police Railway Punjab, Patiala rejecting the representation of the plaintiff was also illegal and void and as a consequential relief, it was prayed that the plaintiff be reinstated in the service from the date of discharge and the period during which he remained out of service be treated as period of duty and he was entitled to full pay allowances, etc. and was also entitled to other consequential benefits including seniority etc. The suit was contested by the defendants. After hearing both sides, the learned trial Court decreed the suit of the plaintiff and the orders dated 14.1.1988 and 8.6.1999 were declared illegal and void and it was held that the plaintiff was entitled to all the benefits of service as if no order of discharge had been ever passed against him. However, it was held that the plaintiff was not entitled to back wages from 14.1.1998 onwards till he joined duty. The appeal filed by the defendants was accepted by the learned Additional District Judge, the judgment and decree of the Trial Court were set aside and the suit of the plaintiff was dismissed, holding that the orders dated 14.1.1998 and 8.6.1999 were perfectly legal and valid.

(3.) The learned Trial Court while decreeing the suit of the plaintiff had placed reliance on the law laid down by the Division Bench of this Court in the case of Rakesh Kumar v. The State of Punjab and others, 1994 4 RSJ 194. The learned Additional District Judge, while accepting the appeal and setting aside the findings of the Trial Court had placed reliance on the law laid down by another Division Bench of this Court in the case of Parveen Kumar v. State of Punjab and others, 2001 2 SCT 527, bearing CWP No. 17571 of 1998, decided on 27.11.2000 in which the law laid down in Rakesh Kumar's case was also noticed. Furthermore, reliance was also placed on the law laid down by a Full Bench of this Court in the case of Sher Singh v. State of Haryana and others, 1995 1 SCT 679 and the law laid down by the Hon'ble Supreme Court, in the cases of State of U.P. and another v. Kaushal Kishore Shukla, 1991 1 SCT 760 and Jagdish Mitter v. Union of India, 1964 AIR(SC) 449.