PUNJAB STATE AND ANOTHER Vs. BODH RAJ

JUDGEMENT

(1.) This Regular Second Appeal has been directed by the State of Punjab and another against the judgment and decree dated 24.12.1985 passed by Shri Amrit Lal Bahri, the then District Judge, Gurdaspur vide which the appeal filed against the judgment and decree dated 23.11.1984 delivered by Shri Dalip Singh, the then Sub Judge Ist Class, Pathankot was accepted by setting aside the later judgment.

(2.) The case of the plaintiff was that he was working as a Conductor with the Punjab Roadways, Pathankot and his services were terminated vide order dated 27.4.1983. It was submitted that the enquiry conducted by the department is not in accordance with the rules. No document on the basis of which charge sheet was framed was disclosed to the plaintiff. The Enquiry Officer did not conduct the enquiry as per rules. The plaintiff was not allowed to have the assistance of a co-worker or the legal practitioner.

(3.) The defendants filed written statement taking preliminary objections that the Court had no jurisdiction. On merits, it was pleaded that the plaintiff was a Conductor and his services have been terminated after legal and valid enquiry.