- (1.) The compendium of the facts, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant regular second appeal and emanating from the record, is that Sucha Singh son of Surat Singh appellant-plaintiff (for brevity ''the plaintiff'') was working as Secretary under the Punjab State Federation of Cooperative House Building Society Limited respondent- defendant (for short ''the defendant'').
(2.) Having completed all the codal formalities, the plaintiff was convicted and sentenced to undergo rigorous imprisonment for a period of 11/2 years and to pay a fine of Rs. 3,000/- for the commission of offence punishable under section 7 of the Prevention of Corruption Act, 1988, by the Special Judge, by virtue of judgment of conviction and order of sentence dated 15.12.2005 (Ex. P1). The appeal filed by him against the judgment of conviction and order of sentence (Ex. P1) stands admitted by this Court, vide order (Ex. P2). Ultimately, on the basis of conviction/sentence in a criminal case, the plaintiff was dismissed from service, by means of impugned dismissal order dated 2.2.2006 (Ex. P4) passed by the competent authority.
(3.) Aggrieved by the impugned dismissal order (Ex. P4), the plaintiff filed the suit and challenged the said order, inter-alia on the ground that the same has been passed against the statutory rules, principle of natural justice, without issuing any show cause notice to him and providing any opportunity of being heard. Hence the same was termed to be illegal and arbitrary etc. On the basis of aforesaid allegations, the plaintiff filed the suit seeking a decree for declaration against the defendant, in the manner indicated hereinabove.;