STATE OF HARYANA Vs. RAM PARTAP

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree of the Additional District Judge accepting the appeal thus decreeing the suit of the plaintiff as prayed for. Plaintiff filed a suit for declaration to the effect that he is entitled to be promoted to the post of Assistant and also for pay, increment and allowances from the date of promotion and that the order passed by the Deputy Commissioner, Ambala dated 13.11.1979 is illegal, void, unconstitutional and so does not bind the plaintiff.

(2.) It is the case of the plaintiff that he had been serving as a Clerk in the office of Deputy Commissioner, Ambala for the last many years. His annual confidential report for the year 1978-79 was recorded as below average and his honesty was recorded as doubtful. This report was conveyed to him in the year 1980 and according to the plaintiff he submitted a suitable reply. It is the case of the plaintiff that impugned order was passed without giving him a personal hearing and without following any procedure. His representation against the adverse entry made to the Commissioner through Deputy Commissioner has not been decided till date and so he sought its quashing.

(3.) Claim was resisted by the defendant on the ground of non-joinder of necessary parties, plaint does not disclose any canse of action, suit being barred by time and on merit the overall performance of the plaintiff was less than the standard prescribed.