- (1.) Plaintiff had filed suit for declaration that the order dated 30.3.1985 regarding his removal from service was illegal, null and void.
(2.) The case of the plaintiff, in brief, was that he was appointed as a Conductor with Punjab Roadways, Batala in the year 1983. Plaintiff was removed from service on 30.3.1985. The enquiry officer did not conduct inquiry as per rules. Plaintiff was not given any assistance of legal practitioner despite his demand. The signatures of the plaintiff had been taken by the enquiry officer on misrepresentation. The inquiry proceedings were never read over to the plaintiff. Plaintiff was not afforded reasonable opportunity to lead his defence. The plaintiff had not been issued any show cause notice alongwith findings of the enquiry officer.
(3.) The defendant, in its written statement, admitted the factum of employment of the plaintiff but denied the other contentions in the plaint. It was averred that chargesheet was issued to the plaintiff and on considering his reply, the enquiry officer was appointed. The enquiry officer had afforded full opportunity to the plaintiff and the enquiry was conducted in accordance with law. The findings of the enquiry officer were supplied to the plaintiff along with show cause notice. On the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the impugned order dated 30.3.1989 is illegal, null and void etc. as alleged OPP. 2. Whether the Civil Court has no jurisdiction to try and hear the present suit OPD 3. Whether the plaintiff is entitled to the declaration prayed for OPP 4. Relief.";