AMANDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 29.07.2010, passed by learned Additional District Judge, Chandigarh, reversing the judgment and decree dated 30.07.2009, passed by learned Civil Judge(Junior Division), Chandigarh.

(2.) The stand of the defendant is that as per the termination order dated 09.07.2004, plaintiff was relieved on 12.07.2004. He had accepted the term and conditions of the appointment at the time of joining. Since he did not fulfill the conditions number 2 and 5 of the appointment letter, hence he is not entitled for appointment and is precluded from challenging the action. It was further pleaded that he had not passed the departmental examination within the probation period and the maximum within two and half years of the appointment as provided under Punjab Govt. Common Services Rules, 1984. Therefore, his services are otherwise liable to be terminated in terms of letter dated 28.09.1992, as per the Punjab Government Common Service Rules, 1984.

(3.) The lower Court took the view that mere registration of a criminal case is not a dis-qualification and the services of the plaintiff could not be terminated. However, appellate Court reversed the findings.