JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE original plaintiff has preferred this appeal against the decision of Additional District Judge, Amritsar, who while allowing the appeal, dismissed the suit filed by the appellant-plaintiff. The appellant-plaintiff was a Constable working as a driver of the police vehicle. He remained absent without obtaining leave from 3. 11. 1978 till he returned on duty on 8. 11. 1978. Again on 9. 11. 1978 the plaintiff remained absent for two days without obtaining leave. It was also found that he was responsible for 42 Liters of petrol found short in the vehicle in his charge. On finding that he has thus committed misbehaviour while performing his official duties, he was subjected to departmental enquiry. Consequently, by order dated 2. 4. 1978 passed by the Senior Superintendent of Police, Amritsar, the plaintiff was dismissed from service. The plaintiff took up the matter in departmental appeal, but failed. The plaintiff-appellant, thereof, filed a suit and sought a decree that his order of dismissal from service was illegal and void, etc. , and he was entitled to pay and privilege of the rank of constable as was available to him prior to his dismissal. The main contention raised by him was that he was not afforded sufficient opportunity to defend himself during the departmental enquiry.

(2.) THE State of Punjab opposed the suit. It was submitted that sufficient and full opportunity was afforded to the plaintiff as per the rules applicable to the departmental enquiry.

(3.) IN this Court, the counsel for the appellant brought my attention to the finding of fact arrived at by the trial Court to the effect that the list of witnesses was never supplied to the appellant in the course of departmental enquiry. That finding of fact had not been upset at any stage. On that premise he further submitted that without advance knowledge regarding the names of the witnesses and the nature of evidence to be led, the plaintiff would not have sufficient opportunity to prepare himself for effective cross-examination of those witnesses.