STATE OF HARYANA Vs. SURAJ PAUL

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned first appellate court dated 25.5.1998, wherein the learned Additional District Judge, Kurukshetra, dismissed the first appeal preferred by the State of Haryana against the judgment and decree of the learned trial Court dated 17.2.1998.

(2.) The plaintiff, who was working as a Superintendent of Police in the State of Haryana had instituted a suit for declaration that adverse remarks recorded in his Annual Confidential Report by the defendant for the year 1993-94 were illegal, null and void and not binding on him. He further prayed for a direction that the same be expunged from his service record and be not considered for any purpose. The suit was contested by the State on merits and the preliminary objections with regard to the maintainability of the suit and the territorial jurisdiction of the Court to entertain and decide the suit were raised. The learned trial Court framed four issues and all the material issues were answered in favour of the plaintiff and against the defendant and decreed the suit of the plaintiff by a well considered judgment and placing reliance upon the various judgments of this Court as well as Hon'ble Supreme Court of India.

(3.) As already noticed, the learned first appellate Court, while affirming the finding of facts arrived at by the learned trial Court, has held as under-