STATE OF PUNJAB Vs. RAJ KUMAR NANDA

JUDGEMENT

(1.) Petitioner/State has preferred this revision petition against the order dtd. 29/9/2017 passed by Civil Judge Senior Division), Jalandhar vide which the application filed by the defendants/State under Order 7 Rule 11 CPC for rejection of the plaint was dismissed.

(2.) Perusal of the record would show that there was a past litigation between the parties which ultimately culminated in RSA No.1930 of 1997. The appeal filed by the State was dismissed on 27/1/1998 and thereafter, appointment letter was issued to the plaintiff on 8/11/1998 and his seniority was fixed w.e.f 7/10/1991. Thereafter, the petitioner was chargesheeted and order of dismissal was passed after holding departmental enquiry. Order of dismissal in due course came up for consideration before the writ Court in CWP No.11011 of 2012.

(3.) High Court vide order dated dtd. 11/11/2013 found that the orders dtd. 8/2/2008 and 7/5/2012 were not legally sustainable. Writ petition was allowed and the plaintiff was directed to be re-instated in service with all consequential benefits. Thereafter, the present suit for recovery of Rs.30.00 lacs came to be filed on account of damages caused by the defendants by gravely hurting and jeopardizing respect, prestige, honour and for causing mental tension, harassment, humiliation and financial loss to the plaintiff. In the aforesaid suit, application under Order 7 Rule 11 CPC was filed by the defendants.