DHARAM PAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiff's second appeal directed against the judgment and decree of the Courts below whereby his suit for declaration has been dismissed.

(2.) PLAINTIFF had been working as Veterinary Assistant Surgeon in Animal Husbandry Department. He was apprehended in a case of corruption and placed under suspension. Plaintiff was tried and was convicted by the Additional Sessions Judge, Amritsar. Appeal filed by the plaintiff against the order of conviction was allowed by this Court and he was acquitted of the charge. On 2.3.1984, order of dismissal was passed against the plaintiff. The dismissal was on the basis of conduct which led to his conviction. Plaintiff instituted suit for declaration that order of dismissal is illegal, arbitrary and unconstitutional and he is entitled to be reinstated in service with all consequential benefits. Suit was dismissed by the trial Court holding that no enquiry was required to be held when order of dismissal had been passed on the basis of conduct which led to his conviction. Plaintiff filed first appeal but the same has been dismissed by the Additional District Judge. Hence, the second appeal by the plaintiff.

(3.) IN this second appeal, it has been contended by the counsel for plaintiff that in the power of attorney, Ex. P-1, attorney of the plaintiff was authorised to sign the plaint, complaint, written statement, replication and application or to do all other things necessary for prosecution of the suit. Against this, Mr. S.K. Bhanot, DAG Punjab, has contended that power to sign plaint does not include the power to verify the pleadings.