PUNJAB STATE ELECTRICITY BOARD Vs. GURMESH LAL

JUDGEMENT

(1.) THE Punjab State Electricity Board (hereinafter to be referred as 'the PSEB') i.e. the defendant is in Regular Second Appeal against the concurrent findings recorded by the Courts below decreeing the suit filed by the plaintiff -respondent for declaration to the effect that office order No. 5344 dated 15.5.1989 passed by the Executive Engineer, PSEB, City Division, Nakodar, whereby the plaintiff was removed from service, was illegal, void, unconstitutional etc., therefore, not binding on him and that he continued to serve the Board as Clerk.

(2.) BRIEF facts of the case as per plaintiff are that he joined the PSEB as Clerk on 10.11.1980 at Rurka Kalan, Sub Division of Goraya Division and was transferred to Ludhiana Circle in August 1983. He was posted in Adda Dakha Division of PSEB and then posted at Hambran Sub Division, where he took charge on 2.8.1983. From Hambran Sub Division, the plaintiff was transferred to Shahkot Sub Division in Nakodar Division. At Shahkot vide office letter No. 1268 dated 15.5.1989, the plaintiff was informed by the Assistant Executive Engineer that he stood removed from service vide office order No. 5344 dated 15.5.1989, passed by the Executive Engineer, City Division, Nakodar, in view of termination of his services vide office order dated 208 dated 26.6.1981 passed by the Superintendent Engineer, PSEB, Kapurthala Circle. It is further the case of the plaintiff that order dated 26.6.1981 was never conveyed to him, nor he was relieved of his duties and order No. 5344 dated 15.5.1989 passed by the Executive Engineer, PSEB, City Division, Nakodar, whereby he was removed from service was illegal, void, unconstitutional etc., therefore, not binding on him.

(3.) REPLICATION was filed by the plaintiff denying the stand in the written statement and reiterating the contents of the plaint.