STATE OF PUNJAB AND ANOTHER Vs. MANDER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 17.5.1993 passed by the Additional District Judge, Faridkot, whereby the appeal of the respondent against the judgment and decree dated 4.11.1992 passed by the Sub Judge IInd Class, Moga, has been allowed and his suit has been decreed.

(2.) While serving as a Conductor in the Punjab Roadways Depot at Moga, the respondent was removed from service by an order dated 24.6.1988 of the General Manager, Punjab Roadways, Moga Depot. His appeal was dismissed by the Divisional Manager, Punjab Roadways, Chandigarh, vide order dated 13.2.1989. The plaintiff- respondent filed a suit and sought a declaration that the order of his removal from service as well as the order dismissing his appeal are illegal inasmuch as they have been passed in violation of the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. The defendant-appellants justified their action by pleading that the impugned order was passed after giving reasonable opportunity of hearing to the plaintiff-respondent. On the basis of the pleadings of the parties, the learned trial judge framed two issues and after recording evidence of the parties it held that the non-observance of the provision of the Rules of 1970 is not by itself sufficient to declare the impugned order as illegal unless the employee proves that such non-observance of the 1970 Rules has caused prejudice to him. The learned trial Court held that the plaintiff has not been able to prove any prejudice on account of violation of the Rules and principles of natural justice on account of non- examination of departmental witnesses. The learned trial Court dismissed the suit of the plaintiff-respondent vide judgment and decree dated 4.11.1992.

(3.) Against the dismissal of his suit, the plaintiff-respondent filed an appeal which has been accepted by the learned Additional District Judge, Faridkot vide his impugned judgment and decree.