PUNJAB STATE AND ANR. Vs. JASBIR KUMAR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 20.1.2007 and 31.10.2007 passed respectively by the Civil Judge (Senior Division), Amritsar (described hereinafter as 'the trial Court') and Additional District Judge, Amritsar (hereinafter referred to as 'the First Appellate Court') whereby the suit of the plaintiff -respondent was decreed and the appeal of the defendants -appellants was dismissed.

(2.) THE respondent had filed a suit for declaration to the effect that the order bearing endorsement No. 1628 -33/ST dated 22.12.1997 passed by Senior Superintendent of Police, Majitha, District Amritsar (appellant No. 2) vide which his two years approved service was forfeited with permanent effect, is totally wrong, unwarranted, without jurisdiction, against the provisions of the Punjab Police Rules,1934 (for short, 'the Rules'), null & void and not binding on his rights. A further prayer was also made for issuance of mandatory injunction directing the appellants to fix/ re -fix his pay by allowing the reduced earned increments and due increments with all the arrears and interest thereon at the rate of 18% per annum from the due date till the date of actual payment.

(3.) UPON notice, the appellants had appeared and filed written statement contesting the suit. It was pleaded that the respondent had unauthorisedly remained absent from duty and, therefore, he was proceeded against departmentally and proper enquiry was held. It was further pleaded that the punishment was awarded under the provisions of the Rules and that if the case of the respondent was that he was ailing, then he could have got his leave sanctioned in accordance with law, but the same was never done.