CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On an oral prayer made by the learned counsel for the appellant, the hearing of the case is preponed for today. The plaintiff-appellant filed a suit for declaration challenging the punishment order dated December 2,2000 whereby his services were terminated. He also challenged the appellate order dated September 3,2001 whereby his departmental appeal against the punishment order was rejected by the Appellate Authority. Both the aforesaid orders were challenged on the ground that they were illegal, bad and in violation of the principles of natural justice. The learned trial Court, after considering the evidence

(2.) available on the record, held that the appellate order dated September 3, 2001 passed by the Appellate Authority was bad and violative of the principles of natural justice. Consequently, the suit filed by the plaintiff was decreed to the limited extent that the aforesaid appellate order was set aside and the Appellate Authority was directed to redecide the appeal filed by the plaintiff.

(3.) The plaintiff took up the matter in appeal. The learned First Appellate Court re-examined the entire evidence and came to the conclusion that even the punishment order dated December 2, 2000 was illegal and bad. The learned First Appellate Court, however, granted a liberty to the defendants to start fresh proceedings from the stage of passing of the punishment order after affording an opportunity of hearing to the plaintiff.