N.K.KAPOOR, J. - (1.) THIS is plaintiff appeal against the judgment of the Additional District Judge, whereby judgment and decree of the trial Court was reversed, thereby dismissing the suit filed by him.
(2.) BRIEFLY put, plaintiff an Assistant Sub Inspector posted in District Gurdaspur, was prematurely retired vide order, dated 25th April, 1985, passed by the Senior Superintendent of Police, Gurdaspur. Appeal filed by him too was rejected by the Deputy Inspector General of Police, Jullundhar Range, on 11th July 1985. To get rid of the order of premature retirement, he filed a suit for declaration that the same is illegal, null and void and consequently he is entitled to all service benefits pay and other emoluments. The defendants put in appearance filed written statement and controverted material averments made by the plaintiff. The defendants justified the correctness of the impugned order and maintained that the same were passed in accordance with the rules. On the pleadings of the parties, following issues were framed: 1. Whether the plaintiff is entitled to the declaration prayed for? 2. Whether the impugned order dated 11. 7. 85 is null and void? 3. Whether the plaintiff has got cause of action?
(3.) RELIEF . 4. The trial Court examined Issue Nos. 1 and 2 jointly and returned a finding that since the impugned order was passed without issuing any notice to the plaintiff, nor an inquiry was held, so the same violates the principle of natural justice. Resultantly the suit of the plaintiff was decreed as prayed for.;