- (1.) Appellant lost his bread on 11.4.1996 when his services were terminated by the Punishing Authority. Thereafter, he also preferred an appeal before the appellate authority, which was also dismissed on 23.5.1998. In order to revive his bread, he had no option but to knock the door of the civil court by filing a suit for declaration, by virtue of which he has prayed that the orders of discharge from service passed by the Punishing Authority and that of the appellate authority are illegal, against the rules and are liable to be set aside. On these premises, the suit filed by the plaintiff-appellant was ordered to be decreed vide judgment and decree dated 13.2.2004 passed by Civil Judge (Junior Division), Hisar.
(2.) Feeling aggrieved against the judgment and decree passed by the learned lower Court, the State of Haryana preferred an appeal before the learned Additional District Judge, Hisar, who, vide judgment and decree dated 21.4.2004, accepted the appeal and reversed the findings recorded by the learned lower court, resulting in dismissal of the suit filed by the plaintiff-appellant, the operative part of which runs as under :- " Resultantly, in view of the above discussion and for the foregoing reasons, the impugned order passed by SP, Bhiwani whereby the plaintiff was discharged from the duty could not be proved to be a punitive in nature and no stigma is being attached by the impugned order and the order is an order of discharge simpliciter passed by the Competent Authority under rule 12.21 of Punjab Police Rules and in such a state of affairs the findings of the lower court are not sustainable in the eyes of law and the learned lower court could not properly appreciate either the interpretation of rule 12.21 of Punjab Police Rules or the legal as well as factual proposition applicable to the present case and as such the present appeal is hereby accepted and on acceptance of the appeal the findings of the lower court are reversed and the suit of the plaintiff fails and the same is hereby dismissed. Parties are left to bear their own costs. Decree-sheet be prepared accordingly. File be consigned to the record room after due compliance."
(3.) Feeling dissatisfied with the judgment and decree passed by the learned Appellate Authority, appellant has filed the appeal in hand.;