MAJOR SINGH Vs. PUNJAB STATE AND OTHERS

JUDGEMENT

(1.) Plaintiff-appellant has come up in regular second appeal against the judgment dated 08.01.1991 passed by the Additional District Judge, Gurdaspur, whereby appeal filed by the defendants-respondents against the judgment and decree dated 25.10.1989 passed by the Senior Sub Judge, Gurdaspur, has been dismissed, however, the plaintiff-appellant has not been held entitled to arrears of pay w.e.f. 15.05.1985 till the date of decree i.e. 25.10.1989.

(2.) In the month of September, 1972, Major Singh-plaintiff (appellant herein) was appointed as Chowkidar by the District Food & Supplies Controller, Gurdaspur-defendant No.3 and he continued in service till 15.05.1985, the date when his services were terminated. Appeal challenging his dismissal was dismissed vide order dated 19/25.06.1986. As per plaintiff, the impugned orders were illegal, null and void, as no charge sheet was ever served upon him before passing these orders. The plaintiff challenged the aforesaid order by filing this suit. Upon notice, the defendants-respondents filed written statement, wherein it was stated that the impugned orders were passed after detailed investigation and consideration of the facts. It was further stated that the services of the plaintiff were terminated after holding proper enquiry by the Deputy Director (Field), Jalandhar.

(3.) From the pleadings of the parties, following issues were framed by the trial Court:-