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Showing contexts for: SONEPAT in Man Singh vs State Of Haryana & Ors on 1 May, 2008Matching Fragments
J U D G M E N T REPORTABLE CIVIL APPEAL NO. 3186 OF 2008 [Arising out of SLP [C) No.19917 of 2006] Lokeshwar Singh Panta, J.
Special leave granted.
2. This appeal is directed against the judgment and order dated 20.03.2006 passed by a learned Single Judge of the High Court of Punjab and Haryana, Chandigarh, whereby and whereunder Regular Second Appeal No.4272 of 2005 filed by the appellant-plaintiff from the judgment and decree dated 01.09.2005 passed by the learned Additional District Judge, Sonepat, in Civil Appeal No.21 of 2005, was dismissed.
4. The Superintendent of Police, Sonepat, - respondent No.2 herein ordered a departmental inquiry against the appellant and HC Vijay Pal charging the appellant with improper control over his subordinates which amounts to dereliction of duties and for the lapses of indiscipline as Police Officer. The Inquiry Officer found the appellant guilty of the charge on the basis of summary of allegations and submitted his report to the respondent No.2. The respondent No.2, on receipt of the inquiry report, issued show-cause notice dated 18.03.1997 to the appellant calling upon him to show-cause why penalty of dismissal from service be not imposed upon him. The appellant was directed to file his reply within 15 days from the receipt of the show-cause notice and in default thereof, final order of the proposed penalty of dismissal from the service would be passed against him. The appellant, accordingly, filed a detailed reply to the show-cause notice denying the allegations of misconduct and dereliction of duties on his part. He submitted that he has unblemished service record to his credit and has never been found guilty of any acts of omissions and commissions in discharging his duties during his long service career of about 34 years in the Police Department of the State.
9. The learned Additional Civil Judge (Senior Division), Sonepat, dismissed the Civil Suit No.571/1 of 2002 of the appellant by the judgment and decree dated 21.03.2005.
10. Being aggrieved against and dissatisfied with the judgment and decree of the trial court, the appellant carried the matter in appeal. The learned Additional District Judge, Sonepat, dismissed the said appeal on 01.09.2005.
11. The appellant preferred Second Appeal in the High Court of Punjab and Haryana, which was dismissed by learned Single Judge by the impugned judgment dated 20.03.2006. The relevant paragraphs of the judgment of the High Court are extracted as under:-
21. However, in normal course we could have remitted the case to the High Court for taking fresh decision, but we are of the opinion that in a case of this nature, we should in exercise of our extra-ordinary jurisdiction under Article 142 of the Constitution of India decided the case on merits to avoid further delay in deciding the Regular Second Appeal by the High Court.
22. In the result, for the above-said reasons and discussions, the appeal is, accordingly, allowed. The judgment dated 20.03.2006 of the High Court in RSA No. 4272 of 2005 confirming the judgments and decrees of the courts below shall stand set aside. Consequently, Civil Suit No. 571/1 of 2002 on the file of the Additional Civil Judge (Senior Division), Sonepat, is decreed in terms of the relief sought for.