GURNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree passed by the learned Additional District Judge, Ambala, dated 1.5.1997. Vide impugned order, the learned first Appellate Court dismissed the appeal being without merit with costs. Consequently, affirming the findings and the conclusions arrived at by the learned trial Court vide its judgment and decree dated 7.10.1996.

(2.) Gurnam Singh filed a suit for declaration stating that the resignation dated 1.12.1989 was a result of pressure, duress and coercion by the Head Clerk Sudarshan Kumar. In fact, he never submitted the resignation out of his free Will and the same was ineffective and null and void, hence prayed for continuity of service and setting aside the consequential order passed by the Superintendent of Police, Ambala dated 1.12.1989.

(3.) The suit was contested by the defendants. All the averments made in the suit were disputed and it was stated that the plaintiff remained on medical leave on different dates with effect from 8.9.1989 to 10.9.1989, 11.9.1989 to 1.10.1989 and 3.10.1989 to 1.11.1989 for having domestic problems and as a result of which he submitted his resignation, which was accepted by the competent authority and as such, the suit was not maintainable.