STATE OF HARYANA Vs. HARNOOP SINGH

JUDGEMENT

(1.) The present regular second appeal is preferred by State of Haryana against judgment and decree dtd. 30/5/2006, passed by learned Additional District Judge, Hisar, whereby, the appeal filed by respondent against judgment and decree dtd. 28/10/2005 passed by learned Additional Civil Judge (Senior Division), Hisar was allowed.

(2.) Brief facts of the case as per the pleadings in the civil suit are that father of respondent was working in Haryana Roadways as driver and after his death, respondent was appointed as Helper in Haryana Roadways, Fatehabad on ex-gratia basis vide order dtd. 10/2/1993 and he joined as such on 19/4/1993. The respondent was transferred to Karnal depot in the year 1997. He fell ill and had been sending medical certificate of his illness to General Manager, Haryana Roadways, Depot Karnal and after obtaining fitness certificate, when he came to join his duties, he was not permitted to join. Then, he came to know that on 14/2/2000, he was ordered to be dismissed from service and this order was received by him in the month of March, 2000. The order was passed without affording an opportunity of personal hearing to the respondent and enquiry proceedings were conducted without any notice to the respondent. He filed civil suit challenging order dtd. 14/2/2000, whereby, he was dismissed from service. The civil suit filed by him was dismissed vide judgment and decree dtd. 28/10/2005 by learned Additional Civil Judge (Senior Division), Hisar. He filed appeal against the same, which was accepted by learned Additional District Judge, Hisar vide judgment and decree dtd. 30/5/2006. Hence, the present Regular Second Appeal.

(3.) Learned counsel for the appellants contends that learned Additional District Judge, Hisar has wrongly set aside the well reasoned judgment and decree dtd. 28/10/2005 passed by learned Additional Civil Judge (Senior Division), Hisar.