RAM KUMAR, EX-CLERK Vs. HARYANA STATE

JUDGEMENT

(1.) The present Regular Second Appeal has been filed against judgment of the learned Civil Judge (Senior Division), Jind and the learned Additional District Judge, Jind whereby suit filed by the plaintiff was dismissed and first appeal filed by him was also dismissed.

(2.) In the suit the plaintiff had challenged the adverse confidential report for the year 1984-85 where his character and honesty had been recorded as doubtful. He had also challenged report for the year 1988-89 wherein the column of honesty the same is recorded as not being very good. He further claimed that he should be promoted with effect from 28.11.1988 with all consequential benefits and that the order dated 27.6.1994 retiring him prematurely be also set aside.

(3.) A perusal of the facts would show that against the report of the year 1984-85 plaintiff had earlier also filed a civil suit being Suit No. 324 of 3.6.1988 which was decreed and the report of the year 1984-85 was held to be null and void. However liberty was given to the reporting officer to again record the same. Thereafter plaintiff filed yet another suit being Civil Suit No. 444 of 1991 claiming promotion from 10.9.1991. This suit was dismissed by the trial court on the ground that the plaintiff had not challenged the re-written report of the year 1984-85. It may be mentioned here that report of the year 1984-85 was again written to be adverse by the respondents and the integrity of the plaintiff was again doubted in the same. In the appeal against the judgment of the trial court dismissing the suit, the plaintiff filed an application stating that he wished to withdraw the same and challenge the re-written report and also claim other benefits by filing a fresh suit. This liberty was given and hence the present suit was filed.