Back
NAMIT KUMAR
Haryana State – Appellant
Versus
Mani Ram – Respondent
JUDGMENT
Namit Kumar, J.
By way of present Regular Second Appeal appellants-defendants have assailed the judgment and decree dated 18.10.2000 of the lower appellate Court, Hisar, whereby judgment and decree dated 17.12.1999 passed by the Court of learned Additional Civil Judge (Senior Division), Hisar, has been reversed and suit of the respondent-plaintiff for declaration has been decreed.
2. Parties to the lis are being referred as per their status before the trial Court. Brief facts of the case are that the plaintiff filed a suit for declaration pleading therein that he is serving as Sub Inspector in the Haryana Roadways, Hisar, on regular basis against the permanent post. It was pleaded that without conducting regular enquiry as per Rules, plaintiff was awarded punishment of stoppage of two increments with cumulative effect vide orders dated 16.10.1969 and 30.10.1970, by the General Manager, Haryana Roadways Hisar, and the same are illegal, null and void having been passed in contravention of the mandatory provisions of law, rules, principles of natural justice and without hearing the plaintiff. After hearing the learned counsel for the parties and appreciating the evidence on rec
Even void orders must be challenged within the prescribed limitation period; failure to do so results in the suit being barred.
A suit challenging disciplinary orders is barred by limitation if not filed within three years, and due process must be followed by the employer in disciplinary actions.
The inquiry officer's failure to adhere to procedural rules invalidated the punishment order, necessitating remand for a fresh inquiry rather than reinstatement.
The court upheld the dismissal of the plaintiff as valid due to the lack of a timely appeal and the nature of the allegations against him, affirming the importance of adhering to statutory limitation....
The right to sue accrues when there is a clear and unequivocal threat to infringe the right by the defendant against whom the suit is instituted, and the limitation for filing suits to challenge the ....
The court upheld the validity of the departmental inquiry, emphasizing adherence to procedural rules and the principle that courts should not interfere with factual findings unless they are perverse.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
