K.C. Puri, J. - (1.) BHAGWAN Dass son of Kishan Chand has filed a suit on behalf of his son Romesh Chander, ex Constable. It is alleged that Romesh Chander was of un -sound mind. Romesh Chander joined the police department in January, 1977 and at that time, he was mentally and physically fit. During the course of employment, he developed disease of un -soundness of mind. Romesh Chander was dismissed from service by the Senior Superintendent of Police vide order dated 19.8.1982 on the ground of wilful absence. Later on, by way of amendment, order dated 29.11.1982 passed by the Deputy Inspector General of Police, Jalandhar Range dismissing the appeal of Romesh Chander and order dated 17.3.1983 passed by the Inspector General of Police, Punjab, Chandigarh were also challenged.
(2.) THE respondent resisted the claim of the petitioner and has pleaded that fair and impartial inquiry has been conducted. The following issues were framed by the trial Court; 1. Whether Romesh Chander, Ex. Constable is of un -sound mind and contracted/developed disease during the course of his employment? OPP. 2. Whether the order of dismissal is wrong and is not maintainable? OPP. Whether the plaintiff is competent to file suit on behalf of Romesh Chander? OPP.
(3.) WHETHER the suit is maintainable in the present form? OPP.;