- (1.) This appeal has arisen out of judgment and decree dated 8.10.1997 passed by Shri Balbir Singh, the then Additional District Judge, Rupnagar whereby he accepted the appeal directed against the judgment and decree dated 21.4.1993 passed by Shri H.S. Madaan, the then Sub Judge IInd Class, Kharar and decreed the suit of the plaintiff for a declaration to the effect that the orders dated 31.1.1989 and 28.2.1999 were illegal, null and void, with consequential relief to the effect that the plaintiff was entitled to all the service benefits including pay and allowances accruing to him for his continuance in service from 1.3.1989 to 26.10.1990.
(2.) The facts of the case, as divulged from the judgment of the trial Court, are that plaintiff Lt. Col. Dharamvir, a retired officer from the armed forces was appointed as Medical Superintendent in Paraplegic Home Society (North), Mohali, a charitable society registered under the Societies Registration Act No. XXI of 1860, on 25.10.1983 for a period of five years. On expiry of the said term, period of employment of the plaintiff was extended by two years with effect from 26.10.1988 vide order of Chairman of Paraplegic Home Society (North), Mohali dated 9.3.1988. As such, he was to remain in service till 25.10.1990. The Chairman of Paraplegic Home Society, defendant No. 1 vide impugned order dated 18.1.1989, directed Station Commander, Station Headquarter, Chandi Mandir, who happened to be a member of the Society, to detail a suitable officer to take over the charge from the plaintiff as Medical Superintendent and in compliance with that order, defendant No. 2 directed Lt. Col. M.S.Khurana, defendant No. 3 to take over the charge from the plaintiff as Medical Superintendent. As per case of the plaintiff, this order is illegal, null and void. The plaintiff was also dis-satisfied with the order dated 31.1.1989, according to which his services were to be terminated by 15.2.1989, after payment of three months' salary besides termination order dated 28.2.1989, which was not served upon him. The plaintiff pleaded that these orders were in gross contravention of the rules of natural justice, procedural law, inasmuch as neither any show cause, notice/ charge sheet was served upon him nor any opportunity was afforded to him to present his case and he was removed without giving him a chance to clarify his position. As such, the impugned orders were illegal, null and void, passed with an ulterior motive in order to help defendant No. 3. Accordingly, the plaintiff sought a declaration that the impugned orders dated 31.1.1989 and 15.2.1989, passed by defendant No. 1, were illegal, null and void and he was entitled to all the benefits of service accruing to him since 1.3.1989 up to 26.10.1990.
(3.) The defendants resisted the suit. In the written statement, they raised preliminary objections that the suit was liable to be dismissed for non- service of statutory notice under Section 80 CPC upon defendant Nos. 1 and 2, who were public officers and members of the Managing Committee of Paraplegic Home (North), Mohali in the ex-officio capacity; that the suit was pre-mature; that the Paraplegic Home (North), Mohali was a charitable institution run by the army and was not a Government organization. The same was managed by the Managing Committee according to the standing orders and the plaintiff was not a permanent Government employee. The plaintiff retired from active military service and was earning handsome pensionary benefits. The plaintiff was employed on contract basis and his services could be terminated at any time by giving three months' notice by either side without assigning any reason or on payment of sum equivalent to notice period or the un-expiring portion thereof. The suit was bad for non-joinder of necessary parties,inasmuch as the Union of India, was not arrayed as a party in the suit. On merits, the defendant No. 1 being a charitable society, registered under the Societies Act, was admitted. It was also admitted that the plaintiff was employed on 25.10.1983 for initial term of five years and thereafter the employment was extended by two years with effect from 26.10.1990. As per para 204 of the Standing Orders of the Paraplegic Home (North), Mohali, the services of the plaintiff could be terminated by the authorities specified in para 230 at any time by giving three months' notice or on payment of sum equivalent of notice period without assigning any reason. It is further pleaded that a mass complaint from the inmates of Paraplegic Home (North), Mohali regarding mis-management and ill- treatment at the hands of plaintiff and Shri D.P. Joshi, Store Keeper was received which was enquired into by the Committee headed by Brig. C.M. Goswamy, Deputy GOC, PH & HP Area and it was decided in that meeting on 10.1.1989 that the services of the plaintiff be terminated. In pursuance with the said decision, GOC, Headquarter PH & HP vide his letter dated 18.1.989 directed the Commander Station Headquarter, Chandi Mandir to detail a suitable officer to take over charge from the plaintiff and report was sought by 31.1.1989. On that, Station Headquarter, issued order dated 25.1.1989 directing the plaintiff to hand over the charge to Lt.Col. M.S. Khurana. It was denied that the impugned orders were illegal and null and void. Rather, it was contended that the same were perfectly legal and valid and the services of the plaintiff were terminated as per terms and conditions of the contract and the Standing Orders.;