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2016 Supreme(P&H) 1849

GURMIT RAM
Punjab State through Collector, Gurdaspur – Appellant
Versus
Makhan Singh – Respondent


Advocates Appeared:
For the Appellants : Mr. Ajaib Singh, Additional A.G., Punjab.
For the Respondent:Mr. G.S. Bal, Senior Advocate with Mr. A.D.S. Bal, Advocate.

JUDGMENT :

GURMIT RAM, J.

This regular second appeal is preferred by the aforementioned appellants, who were defendants before the learned trial Court, against the judgment and decree dated 8.1.1997 passed by learned Additional District Judge, Gurdaspur vide which the appeal of the respondent - herein (plaintiff) was accepted, judgment and decree dated 9.5.1992 passed by the learned trial Court, Gurdaspur were set aside and suit of the plaintiff was decreed with costs throughout.

2. The case of the respondent – herein (plaintiff) before the learned trial Court in nutshell was that he joined the State Transport Department as a Conductor in the year 1972 under the control and supervision of defendant No.2. He continued to be in service uptil 22.12.1988, when defendant No.2 passed an order regarding his removal from service vide his endorsement No.5692-93/Steno/GM dated 22.12.1988. This order was alleged to be illegal, null and void, unconstitutional, against the principles of natural justice, mala fide, non-speaking etc. etc., inter alia, on the grounds that charge-sheet issued to the plaintiff was illegal being passed on mere suspicions; that he was not afforded any opportunity to defe
































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