PUNJAB STATE Vs. B S NANDA

JUDGEMENT

(1.) Unsuccessful plaintiff, State of Punjab, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 14.9.1979, passed by the Court of Additional District Judge, Ferozepur, who affirmed the judgment and decree dated 22.7.1977, passed by the Court of Sub-Judge, 1st Class, Ferozepur, who dismissed the suit of the plaintiff-appellant.

(2.) The facts of the case can be described in the following manner. Plaintiff-State of Punjab, filed a money suit for a sum of Rs. 10,000/- against Dr. B.S. Nanda, Shri Chaman Lal and Shri Tarlochan Singh, and it was alleged by the plaintiff that defendant No. 1 Dr. Nanda executed a bond in favour of the State on 27.1.1966 in which defendants No. 2 and 3 became the sureties and they undertook that they will be jointly and severally liable for the repayment of the amount of the bond. The plain tiff stated that defendant No. 1 joined the Government Service as Civil Assistant, Gurgaon, Class II (non-gazetted) on six months at District Jail Hospital, Ludhiana on 1.4.1961 and he was later on selected by the Subordinate Services Selection Board, Punjab, on regular basis. Defend ant No. 1 applied for the grant of leave to join the condensed MBBS course at Medical College, Patiala while he was posted at Ferozepur and accordingly, his leave for 730 days for undergoing the MBBS course was sanctioned subject to the condition that defendant No. 1 shall execute a bond to serve the Punjab Government for a particular period, failing which, he shall pay the amount as mentioned in the bond. Defendant No. 1 had joined the condensed MBBS course at Medical College, Patiala on 1.10.1964 and he completed the course on 10.10.1966 and defendant No. 1 also executed a bond on 27.1.1966 before the Sub-Registrar, Ferozepur with two sureties, namely defendants No. 2 and 3. As per the bond, the defendant No. 1 was supposed to serve for five years and if he violates the terms of the bond, he was liable to pay Rs. 10,000/- besides interest. The plaintiff after completing the condensed MBBS Course, became absent from duty w.e.f. 19.3.1970 and prior to his being absent he applied for leave for 2 months w.e.f. 16.2.1970 to 18.4.1970 on account of domestic work. Defendant No. 1 left charge of his duties on 19.3.1970 without getting his leave sanctioned and his explanation was called but he did not submit any reply and applied for extension of leave for further two months w.e.f. 19.5.1970 which was refused. He again applied for extension of leave for four months which too was refused and he was asked to resume his duties within 10 days, failing which he was informed that he will be declared as absent and action would be taken against him. As the defendant No. 1 violated the terms and conditions of the bond, a suit was filed by the State of Punjab.

(3.) Notice of the suit was given to defendants No. 2 and 3 but they did not appear and proceeded ex parte. Defendant No. 1 alone contested the suit and he took up the defence that he was directed to fill up a bond to serve the State for a period of three years only and in default to pay Rs. 5,000/- and as the requisite form, was not available so he wrongly got a form in which there was a condition to serve for five years or in default to pay Rs. 10,000/- and that the same was not enforceable as the conditions for joining the medical college for condensed course was three years only. It is further alleged that the bond which was to be executed by defendant No. 1 also provided to serve the Punjab State for a period of three years from the completion of the condensed MBBS Course and in default to pay Rs. 5,000/-. Defendant No. 1 tendered his resignation on 15.9.1972 giving one month's notice and that the defendant No. 1 was deemed to have left the service on 15.10.1972 and that defendant No. 1 is deemed to have served the State Government for a period of six years after the completion of the condensed MBBS Course.