Rajendra Nath Mittal, J. - (1.) THIS second appeal has been filed by the Defendant against the judgment and decree of the Additional District Judge, Patiala, dated 29th January, 1980.
(2.) BRIEFLY , the facts are that the Plaintiff was appointed as Chowkidar on 21st December, 1971, at Navyug Godown, Sirhind Road, Patiala. He was served with a show -cause notice, dated 16th August, 1972, to the effect that on the basis of the statement of allegations annexed it was proposed to terminate his services and he should show -cause against the action proposed to be taken. In the statement of allegations it was stated that the Plaintiff, while functioning as Chowkidar, did not perform his duties with devotion and responsibility as he abstained himself from his duty post on 4th June, 1972, and that he was found playing cards during the duty hours. Subsequently, his services were terminated, - -vide order, dated 10th/12th October, 1972, Exhibit P.5. It is averred that the order of termination amounts to dismissal as while passing the orders, the procedure prescribed in the Staff Regulations, 1971 (hereinafter referred to as the Regulations) was not followed and the order was, therefore, void. It is further averred that the show -cause notice was served along with the Plaintiff on two other temporary employees but the services of the Petitioner were terminated but not those of the other employees and as such the order was discriminatory. He, therefore, filed a suit for the recovery of Rs. 5,000 as arrears of pay. The suit was contested by the Defendant who denied the allegations of the Plaintiff and inter alia pleaded that the order of termination was valid and that the suit was not within limitation.
(3.) THE learned trial Court held that the order of termination was valid and that the suit was barred by limitation. Consequently, it dismissed the suit. On appeal by the Plaintiff, the Additional District Judge reversed the findings of the trial Court on both the issues and decreed the suit. The Defendant has come up in second appeal to this Court.;