KIRPAL SINGH Vs. THE PUNJAB STATE

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 31.3.1992 passed by learned courts below dismissing the suit for declaration filed by the plaintiff -appellant to challenge order No. 531/ECW dated 20.1.1986 passed by the General Manager, Punjab Roadways, Jalandhar -II terminating the services of the plaintiff/appellant w.e.f. 1.6.1984. Order was claimed to be illegal, biased, discriminatory, against the principles of natural justice and against the mandatory provisions of Punjab Civil Services (Punishment and Appeal) Rules, 1970, thus, was claimed to be null and void having no existence in the eyes of law and not binding upon the plaintiff. The plaintiff, thus, claimed his continuation in service with back wages.

(2.) THE plaintiff/appellant was appointed on 17.2.1962 as a permanent employee of Punjab State Government who proceeded on sanctioned leave w.e.f. 1.3.1984 to 31.5.1984. After expiry of leave period, the plaintiff/appellant did not join back on the plea that because of the circumstances beyond his control he was not able to join his duties. It was also the case of the plaintiff/appellant that no intimation was received by him regarding non -sanction of his leave application for extended period. Thus, he remained under a bona fide mistaken belief that his leave application has been sanctioned. The plaintiff claimed that he reported for duty when circumstances changed but he was informed that his services were terminated vide order dated 20.1.1986. Order of termination was said to have not been served on the plaintiff nor communicated to him.

(3.) THE plaintiff issued notice under Section 80 of the Code of Civil Procedure (for short the Code). No reply was received, therefore, he filed the suit.