- (1.) Petitioner Rajwant Singh has preferred this petition against Punjab State Civil Supplies Corporation Ltd. etc.-respondents under Article 227 of the Constitution of India for setting aside the impugned order dated 30.09.2013 (Annexure P-5), passed by Additional Civil Judge (Senior Division), Sangrur, vide which, his application for dismissal of the suit qua him has been dismissed.
(2.) In the present petition, notice of motion was issued and learned counsel for respondent Nos.1 and 2 appeared and contested this petition. I have heard learned counsel for the parties and have gone through the record.
(3.) From the record, I find that Rajwant Singh petitioner- defendant No.2 (hereinreferred as 'defendant No.2') has filed the application for dismissal of the suit qua him mainly on the ground that charge-sheet was challenged in the Department by him. An Enquiry Officer was appointed by the PUNSUP Department and after hearing defendant No.2 and considering the whole concerned record, it was held that no supervisory laxity could be attributed to him and he has been exonerated from the punishment of recovery on 24.09.1999. The M.D. PUNSUP again declared the punishment against defendant No.2 Rajwant Singh in the charge-sheet dated 02.04.1998. He again challenged the said order before the Appellate Authority, PUNSUP Chandigarh and again he was exonerated. Therefore, petitionerdefendant No.2 contended that suit of the plaintiff-respondent Nos.1 and 2 (hereinreferred as 'the plaintiff') qua him for the recovery is liable to be dismissed.;