DHIMAN SINGH Vs. MUNICIPAL CORPORATION, AMRITSAR

JUDGEMENT

(1.) (Oral) - Unsuccessful plaintiff Dhiman Singh, Ex-conductor, has filed the present appeal and it has been directed against the judgment and decree dated 22.8.1997 passed by the court of Addl. Distt. Judge, Amritsar, who affirmed the judgment and decree dated 10.2.1986 passed by the court of Sub-Judge Ist Class, Amritsar, who dismissed the suit of the plaintiff-appellant, for declaration.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) The plaintiff-appellant filed a suit for declaration praying that the orders dated 6.6.1983, passed by the defendant-respondents, terminating his services are illegal, ultra vires and cryptic. The case of the plaintiff was that he was working as a Conductor in the Transport Department of the Local Municipal Corporation. On 14.2.1981, when he was on duty on bus No. 2677 in between village Bhakna and Amritsar, his vehicle was checked by a flying squad comprising of Inspectors Kanwal Nain Singh, Harpal Singh, Parduman Singh and Madan Lal, near the premises of Guru Nanak Dev University. These inspectors submitted a report that the plaintiff had charged fare from 19 passengers and he had not issued the tickets to them and that on being asked to hand over the un-punched tickets the plaintiff refused to do so and started wielding a knife and got down from the bus and ran away and while doing so, he indulged in grave mis-behaviour. The plaintiff was allegedly found having consumed liquor. The plaintiff although refuted all these allegations, he was charge-sheeted and an inquiry was conducted against him. His services were, finally, terminated in an illegal manner and in total contravention of the service rules.