(1.) This is defendants' regular second appeal against the judgment and decree of the Additional District Judge reversing in appeal the judgment and decree of the trial Court whereby suit of the plaintiff was dismissed.
(2.) Plaintiff filed a suit for declaration to the effect that charge-sheet, enquiry report, show-cause notice, order of dismissal and subsequent order of rejection of appeal by the Deputy Inspector General of Police dated 7.10.1986 are illegal, ultra vires, unconstitutional, mala fide and against the mandatory provisions of the Constitution of India.
(3.) Case of the plaintiff is that he joined the police department in the year 1979 and was confirmed as Assistant Sub Inspector in 1982 by the Deputy Inspector General of Police, Patiala Range, Patiala. He was sent for undergoing upper school examination at Police Training Camp, Phillaur in 1982 and thereafter was promoted as Sub Inspector in 1983 by Deputy Inspector General of Police, Patiala. It has further been stated that on account of his illness, he remained admitted in P.G.I., Chandigarh and so could not attend the office during the period of illness. Authorities on the other hand held a departmental enquiry against him and thereafter have dispensed with his services which orders are being challenged as non est in the present suit.