PREM SINGH Vs. GOVERNMENT OF HARYANA

JUDGEMENT

(1.) Aggrieved from the judgment and decree passed by the learned Additional District Judge, Sonepat dated 31.5.1997, the appellant has filed this regular second appeal.

(2.) Plaintiff, appellant herein, was selected as a driver by the Haryana State and was appointed at Yamuna Nagar Depot at Naraingarh. The services of the plaintiff were terminated vide order dated 1.5.1990 by an order discontinuing the employment of the plaintiff simplicitor. The order was challenged on various grounds as it was non-speaking, was in violation of principles of natural justice and no enquiry was conducted while the order was punitive in nature. Appeal preferred by the appellant was also dismissed by the Transport Commissioner on 9.7.1990. The appellant served a notice under Section 80 of the Code of Civil Procedure and thereafter filed the present suit.

(3.) The suit was contested by the defendants who raised preliminary objections in relation to valid service of a notice under Section 80 CPC; non-joinder and mis-joinder of necessary parties. On merits it was stated that the services of the appellant were terminated because his work was not found to be satisfactory. It was denied that any enquiry was needed. The order was violative of principles of natural justice. It was further stated that the plaintiff was on probation for two years and as his work was not satisfactory, his services were terminated during the probation period.