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ASHWANI KUMAR versus STATE OF PUNJAB & ANR

High Court of Punjab and Haryana, Chandigarh

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Ashwani Kumar v. State of Punjab & Anr - RSA-180-2005 [2006] RD-P&H 535 (3 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : C.Ms.No.413-14-C of 2005 &

R.S.A.No.180 of 2005

Date of Decision : February 17, 2006.

Ashwani Kumar .... Appellant

Vs.

State of Punjab and another .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.Arun Abrol, Advocate

for the appellant.

Mr.H.S.Shergill, AAG, Punjab

for the respondents.

JUDGMENT :

C.M.No.413-C & 414-C of 2005 :

For the reasons stated in the applications, delays in filing and refiling the present appeal, are condoned.

R.S.A.No.180 of 2005 :

The plaintiff is appellant before this Court. A suit filed by the plaintiff for declaration has been decreed by the trial court and appeal filed by the defendants has been dismissed by the learned first appellate court.

However, the plaintiff is aggrieved only with regard to a liberty granted to the defendant-department to pass an order of simplicitor discharge or take the disciplinary proceedings against the plaintiff, in accordance with law.

After hearing learned counsel for the parties, I do not find any justification to interfere in the present Regular Second Appeal.

Both the courts below have granted necessary relief to the plaintiff while setting aside the order dated June 26, 1998, passed by defendant no.2, dismissing the plaintiff from service. The liberty granted to the defendants-respondents can not be held to be erroneous in any manner requiring any interference by this court.

C.Ms.No.413-14-C of 2005 & : 2 :

R.S.A.No.180 of 2005

Nothing has been shown that the findings recorded by both the 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.

Dismissed.

February 17, 2006 ( VINEY MITTAL )

monika JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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