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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR
N.C. Sethi – Appellant
Versus
Punjab State Cooperative Supply and Marketing Federation Limited – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The appellant has filed the instant Regular Second Appeal impugning the judgment and decree dated 15.04.1994, passed by learned Sub Judge IInd Class, Ferozepur, whereby a suit for declaration filed by the appellant/plaintiff has been dismissed as well as judgment and decree dated 23.07.1996, passed by learned District Judge, Ferozepur, whereby an appeal filed by the appellant/plaintiff against judgment and decree dated 15.04.1994, has also been dismissed. Parties to the lis are being referred to as per their original position before the Trial Court.
2. Brief facts of the case are that the plaintiff was working as a Field Officer in the Punjab State Cooperative Supply & Marketing Federation Limited (hereinafter referred to as ‘Markfed’). While he was in service, he was placed under suspension, vide order dated 07.07.1980, and after issuance of a charge-sheet and holding of a departmental enquiry, he was dismissed from service vide order dated 21.01.1982. The said order of dismissal was assailed by the plaintiff by filing a suit before the Civil Court at Chandigarh which was decreed, vide judgment and decree dated 30.11.1985, and the first appeal preferred
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Dismissal of an employee post-acquittal is illegal if not communicated as per the mandated rules, and presumption of communication without evidence is erroneous.
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Even void orders must be challenged within the prescribed limitation period; failure to do so results in the suit being barred.
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