(1.) THIS is plaintiffs second appeal directed against the judgment and decree of the Courts below whereby her suit for declaration has been dismissed.
(2.) PLAINTIFF filed suit for declaration to the effect that resolution dated 27. 10. 1976 passed by the Panchayat Samiti, Dhariwal, District Gurdaspur vide which services of plaintiff were terminated w. e. f. 30. 11. 1976 is illegal, male-fide, unconstitutional against the rules, and principles of natural justice and that plaintiff is not bound by the said resolution and continues to be in service of Panchayat Samiti, Dhariwal. Initially, plaintiff was in service of District Board, Gurdaspur, and the year 1962, on abolition of Punjab District Board Act, services of the plaintiff were absorbed by the Panchayat Samiti. However, vide resolution dated 27. 10. 1976, Ex.-D2, services of the plaintiff were terminated. Plaintiff filed suit for declaration to the effect that resolution dated 27. 10. 1976 passed by the Panchayat Samiti is illegal as no show-cause notice was given to her, nor she was heard before the order came to be passed against her. On contest by the Panchayat Samiti, trial Court dismissed the suit and on appeal by the plaintiff, judgment and decree of the trial Court has been affirmed by the trial Court. Hence, the second appeal by the plaintiff.
(3.) IT is contended by the counsel on behalf of plaintiff that order passed on the writ petition would not operate as res-judicata as the writ petition was dismissed in limine. It is the admitted case of the parties that plaintiff was a permanent employee of the District Board and on absorption, she became permanent employee of the Panchayat Samiti. It is further not in dispute that no opportunity to show-cause was given to her before her service came to be terminated vide resolution dated 27. 10. 1976. The first appellate Court has rightly referred to Section 34 of the 1961 Act ibid to hold that plaintiffs service could not have been terminated until she was heard in regard to the action proposed to be taken against her.