STATE OF PUNJAB Vs. HARBANS SINGH

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the Additional District Judge whereby appeal filed by the plaintiff was accepted thereby decreeing his suit.

(2.) Plaintiff filed a suit for declaration to the effect that order of dismissal dated 17.6.1978 passed by Principal Industrial, Training Institute, dismissing him from service is illegal, null, void, in-operative, non-existent and against the service conditions of the plaintiff and also against the rules of natural justice, equity and good conscience with a consequential relief that the plaintiff is entitled to all the benefits of service including pay and allowances as admissible from time to time according to the Rules and is eligible for promotion as if no order of dismissal has been passed.

(3.) Suit was contested by the defendant. It was pleaded that plaintiff had been convicted under Section 326 IPC by the Judicial Magistrate which conviction was upheld in appeal by the Additional Sessions Judge as well. He was sentenced to imprisonment for 10/15 days and directed to pay a fine of Rs. 300/-. Thus, there was no need to hold a regular enquiry against the plaintiff as is provided in the Rule 13 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. Other material averments made by the plaintiff were also controverted.