G.R. Majithia, J. - (1.) THIS Regular Second Appeal is directed against the judgment and decree of the First Appellate Court, which on appeal reversed that of the trial Court, dismissing the suit filed by the Plaintiff/, Appellant. The Facts:
(2.) THE Appellant (hereinafter referred to as the Plaintiff) was a constable in the 1st Battalion Haryana Armed Police. On the basis of allegations of misconduct departmental enquiry was ordered. Enquiry Officer found him guilty of the charge levelled against him. The competent authority ordered his dismissal from service, - -vide order dated September 28, 1979. The Plaintiff challenged the order of dismissal in the civil suit on various grounds including that the competent authority while passing the order of dismissal took into consideration the past record of his service where some adverse remarks were recorded. The Plaintiff alleges that while imposing the punishment, he was not informed by the competent authority that his past record would be taken into consideration for imposing the punishment. The suit was contested by the Respondent/Defendant and the material allegations were denied. The pleadings of the parties gave rise to the following issues: (i) Whether the impugned order dated 22nd September, 1979 passed by the Commandant 1st Battalion H.A.P. Ambala City are illegal, null and void as alleged ? OPP. (ii) Whether the Plaintiff has no cause of action ? OPD. (iii) Whether the suit is not maintainable ? OPD. (iv) Relief.
(3.) THE learned trial judge answered issue No. 1 in favour of the Plaintiff and issues No. 2 and 3 against the Defendants and decreed the suit. On appeal, the learned Appellate Judge reversed the judgment of trial court under issue No. 1.;