L.N. Mittal, J. - (1.) DEFENDANTS State of Punjab and its functionaries, who were successful in the trial court, but have been unsuccessful in the lower appellate court, have filed the instant second appeal.
(2.) RESPONDENT -Plaintiff Balwinder Singh filed suit against the Appellants to challenge punishment orders dated 11.11.1993, 30.01.1995, 26.03.1998, 17.12.1999 and 14.01.2000, whereby Senior Superintendent of Police ordered forfeiture of service of the Plaintiff for three years, for one year, for two years, for three years and for two years respectively, with permanent effect for increment purpose. Appellate orders passed by Deputy Inspector General of Police have also been challenged. It was pleaded that the aforesaid orders are null and void being against statutory rules and principles of natural justice. The Plaintiff also claimed re -fixation of pay and payment of arrears. Defendants contested the suit and broadly denied the plaint allegations and also raised various other pleas including bar of limitation.
(3.) LEARNED Civil Judge (Senior Division), Amritsar, vide judgment an decree dated 06.02.2007, held the impugned punishment orders to be null and void, but dismissed the suit being barred by limitation. However, first appeal preferred by the Plaintiff has been allowed by learned Additional District Judge, Amritsar, vide judgment and decree dated 21.11.2009 and thereby, suit filed by the Plaintiff has been decreed, but arrears, if any, have been restricted to period of 38 months preceding the filing of suit. Feeling aggrieved, Defendants have preferred the instant second appeal.;