SURINDER PAUL Vs. PUNJAB STATE AND ORS.

JUDGEMENT

(1.) CM-4174-C-2019 Prayer in this application filed under Order 41 Rule 27 read with Sec. 151 CPC is for permission to produce copies of letter dtd. 11/1/2006, Office Order dtd. 3/11/1998, 22/6/1999 and 30/6/1999 as Annexures A-1, A-2, A-3 and A-4 respectively as additional evidence in the appeal.

(2.) A perusal of the said application would indicate that the reasons as to why the said copies could not be produced before the trial Court or the First Appellate Court, have not been given. Nothing has been mentioned with regard to the knowledge of the applicant-appellant as to when he became aware of the same and the reasons as to why the said copies were, at the time of the trial, not produced and proved before the Courts below. The application does not fulfil the mandate of the statutory requirements, as provided under Order 41 Rule 27 read with Sec. 151 CPC and, therefore, the same stands dismissed.

(3.) RSA No.4455-2017 Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division), Ludhiana dtd. 7/5/2015, whereby the suit for declaration preferred by the appellant that the office order dtd. 7/11/2006 was illegal, null and void, arbitrary, mala-fide and violative of the Rules and principle of natural justice as also the Punjab Civil Services Rules with a further prayer for directing the respondents to release the pay of the appellant-plaintiff for the period of his suspension i.e. 1/12/1998 to 30/6/1999 along with interest @ 18% per annum as also the declaration to the effect that the proficiency step-up of increment be given to him from the date it became due by setting aside the Annual Confidential Report, which has been wrongly incorporated by the respondents was dismissed, appeal against which has also been dismissed by the learned Additional District Judge, Ludhiana vide judgment dtd. 15/2/2017.