BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 27th of May, 1993 passed by the Additional District Judge, Gurdaspur, whereby the appeal filed by the plaintiff -appellant against the order of dismissal of his suit by the Senior Sub -Judge, Gurdaspur dated 21st of March, 1991 was dismissed.

(2.) THE plaintiff -appellant had filed suit for declaration to the effect that the impugned order No. 11096 -11102/AC -2 dated 16.10.1987 passed by defendant respondent No.2 rejecting the request for withdrawal of notice for voluntary retirement sought by the plaintiff was illegal and liable to be set aside. It was pleaded that vide application dated 31st July, 1987 the plaintiff -appellant, who was posted as Sub -Inspector with Punjab Armed Police had sought voluntary retirement by giving three months notice. However, before the expiry of the period of the said notice, the plaintiff -appellant made a written request to the defendant -respondents for withdrawal of his notice for voluntary retirement. Despite this the plaintiff was served with the impugned order dated 16.10.1987. Thus the plaintiff was illegally retired from service with effect from 31.10.1987 without proper consideration of his request for withdrawal of his notice for voluntary retirement. The order passed by the defendant -respondents was illegal, unlawful, ultravires, unconstitutional, null and void on the following grounds : -

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