TARLOCHAN SINGH Vs. U.O.I. AND ORS.

JUDGEMENT

(1.) The present regular second appeal is directed against the judgment and decree dated 06.12.2011 passed by Addl. District Judge, Jalandhar whereby the judgment and decree dated 28.02.2009 passed by Civil Judge (Jr Divn.) Jalandhar was set aside, which was partly allowed.

(2.) The appellant filed a suit for declaration to the effect that order dated 21.05.1999 of defendant No. 3/respondent No. 3 of removing the appellant from service and order show cause notice dated 24.03.1999 are illegal, ultra virus, unlawful and against the principles of natural justice.

(3.) Brief facts of the case put forth by the appellant is that he was appointed as a Senior Mathematics Teacher in B.S.F Higher Secondary School, Jalandhar Cantt (herein after referred to as 'the School') vide order dated 18.04.1981 issued by Inspector General, B.S.F Higher Secondary School, Jalandhar Cantt. It has been stated that the appellant is to be governed by the Central Civil Services Rules and rules of natural justice. He was transferred to Shillong on 20.03.1991 against which he filed a suit challenging the transfer order and the appeal qua the same was pending in this Court at the time of filing of the present suit. On account of his ill health, he could not attend the school at Jalandhar as he was being treated in various hospitals from 01.04.1991 to 21.06.1991. He received a show cause notice dated 24.03.1999 requiring him to show cause as to why his services should not be terminated on the allegation of willful absence from duties for a continuous period of more than one year. The appellant vide letter dated 31.03.1999 made a demand of documents through his counsel, but not such documents were ever supplied to the appellant.