- (1.) This is Regular Second Appeal directed by the Punjab State through Collector, Gurdaspur and others against the judgment and decree dated 2.4.1986 passed by Sh. M.L. Singhal, the then Additional District Judge, Gurdaspur, vide which the appeal preferred by the Punjab State and others against the judgment and decree dated 12.8.1985 passed by Sh. A.C. Aggarwal, PCS Senior Sub Judge, Gurdaspur, was dismissed.
(2.) Briefly stated, Dalip Singh had filed suit for declaration to the effect that the order dated 12.1.1982 passed by the Director, Transport Punjab, Chandigarh stopping the efficiency bar of the plaintiff for a period of one year w.e.f. 1.1.1974, was illegal. It is pleaded that plaintiff is regular employee of Punjab Roadways, Batala. Defendant No. 3 served a show cause notice on the basis of adverse remarks recorded in the Annual confidential Report of the year 1972-73 and ultimately vide order dated 3.12.1981 efficiency bar of the plaintiff was stopped for one year w.e.f. 1.1.1974. The plaintiff had assailed the said order on the ground that no enquiry was conducted and no opportunity of hearing was given to the plaintiff and the action was time barred.
(3.) In the written statement, defendants pleaded that efficiency bar of the plaintiff was stopped for one year w.e.f. 1.1.1974 in accordance with law. From the pleadings of the parties, the following issues were framed by the trial Court :- "1) Whether the order dated 12.1.1982 withholding the efficiency bar of the plaintiff w.e.f. 1.1.1974 is illegal, null and void etc. as alleged on the grounds mentioned in para No. 3 of the plaintiff ? OPA 2) Whether the plaintiff served a valid notice under section 80 C.P.C. ? OPP 3) Relief". The learned trial Court after appraisal of the evidence, decided all the issues in favour of the plaintiff and consequently, decreed the suit of the plaintiff. The State of Punjab and others preferred appeal. Sh. M.L. Singhal, the then Additional District Judge, Gurdaspur vide judgment and decree dated 2.4.1986 dismissed the appeal.;