- (1.) Leave granted.
(2.) The services of the respondent who was working as an Auction Recorder in Market Committee, Patran were terminated on 5.7.1980 for not reporting back after expiry of leave granted to him. The suit filed by him challenging the order of termination was dismissed on the ground that legal notice under Section 31 of the Punjab Agricultural Produce Markets Act was not given. Thereafter, the respondent filed a suit for declaration that the order of his termination is illegal. The suit was decreed which was upheld by the First Appellate Court. The regular Second appeal filed by the appellant was dismissed by the High Court, aggrieved by which, this appeal is filed.
(3.) There are three points that arise in this case, the first point pertains to Section 10 CPC. According to the appellant, the second suit filed by the respondent is not maintainable. The High Court refused to accept the submission made on behalf of the appellant by upholding that his first suit was rejected only on the ground of absence of legal notice under Section 31 of the Act for which reason the second suit is not barred by Section 10 CPC. There is no dispute that an inquiry as contemplated under Rule 8 of the Punjab Civil Service (punishment and appeal) Rules, 1970 was not conducted before the order of termination was passed.;