RAJ SINGH Vs. PUNJAB STATE AND ANOTHER

JUDGEMENT

(1.) This is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge affirming the judgment and decree of the trial Court whereby the plaintiff's suit was dismissed.

(2.) Plaintiff filed a suit for declaration to the effect that order dismissing him from service is illegal, null and void, unconstitutional and thus not binding upon him and so he be deemed to be in service for all intents and purposes. It is the case of the plaintiff that he was working as a Conductor in the Punjab Roadways. He was charge-sheeted for allowing passengers to travel in the bus without ticket and pocketing the fare collected from them. Enquiry Officer found him guilty of the charges levelled. Disciplinary authority agreed with the findings of the Enquiry Officer. A second show-cause notice was issued and after considering his reply and also affording hint personal hearing was removed from service vide order dated 31.1.1985.

(3.) Challenging the validity of the order, was stated that charge sheet was based upon suspicion; documents were not supplied; that the Enquiry Officer did not conduct the enquiry according to the service rules; that the checking staff did not record the statement of any passenger nor checked his cash; that the penalty of removal had been imposed without applicability of mind; and that the order is a non-speaking.