HARPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 25.7.2008 passed by the learned Courts below vide which the suit filed by the plaintiff/appellant seeking declaration to challenge the order of dismissal has been ordered to be dismissed.

(2.) THE plaintiff brought a suit to challenge the order dated 9.9.1991 passed by the Senior Superintendent of Police, Ropar, ordering dismissal of the appellant from service by invoking provisions of Article 311(2)(b) of the Constitution of India. It was pleaded by the plaintiff/appellant that a notice under Section 80 of the Code of Civil Procedure was issued, as his grievance was not redressed despite notice the suit was filed immediately thereafter in the year 2005.

(3.) THE learned Courts below dismissed the suit by holding it to be not maintainable in view of dismissal of writ petition as well as being barred by limitation.