High Court of Punjab and Haryana, Chandigarh
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The State of Punjab v. Mohan Lal - RSA-2165-2003  RD-P&H 2222 (3 April 2006)
DATE OF DECISION: March 30,2006
The State of Punjab
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Sushant Maini, DAG, Punjab.
The defendant State of Punjab is in appeal. It has concurrently lost before the two Courts below.
The plaintiff filed a suit for declaration that the order of dismissal dated March 7, 1991 passed against the plaintiff was illegal, bad, null and void and contrary to the provisions of the rules and also in violation of the rules of natural justice and as such was liable to be set aside. The plaintiff also claimed that he be deemed to be continuing in service from the date of his dismissal with all consequential benefits.
Both the Courts below have upheld the claim of the plaintiff by holding that the punishment order had been passed against him without holding any departmental enquiry and without serving any charge sheet upon him. So much so, even a show cause notice
was not even served upon the plaintiff before passing the dismissal order. Consequently, the suit of the plaintiff was decreed by the trial Court and the appeal of the defendants failed before the learned First Appellate Court.
Nothing has been shown that the findings of fact recorded by the learned Courts below suffer from any infirmity or are contrary to the record.
No question of law, much less any substantial question of law, arises in the present appeal.
March 30, 2006 (Viney Mittal)
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