Darshan Singh v. General Manager, Punjab Road Transport Corp. And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 19.08.2025 Darshan Singh ......Petitioner Vs.

General Manager, Punjab Road Transport Corporation and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present :

Mr. Rahul Bhargava, Advocate, for the petitioner.

**** SUDEEPTI SHARMA J. (ORAL) 1.

Challenge in the present petition is to the order dated 22.05.2025 passed by the learned Additional District Judge, Chandigarh, whereby, the appeal filed by the petitioner against the order dated 03.09.2019 passed by the learned Civil Judge (Senior Division), Chandigarh, was dismissed.

2.

Brief facts of the case are that the petitioner filed a civil suit alleging that he was appointed as Helper in the year 1975, however, his services were terminated on 31.08.1998. He challenged the same by filing civil suit. Learned Civil Judge (Senior Division), Chandigarh, vide its judgment and decree dated 31.03.2017, partly decreed the suit in his favour and order dated 31.08.1998 passed by the respondents was set aside and the respondents were directed to hold fresh inquiry against the petitioner after

-2affording him proper and effective opportunity. It was further directed to complete the inquiry proceedings within a period of three months from the date of receipt of the certified copy of the judgment. 3.

Since the respondents did not conclude the inquiry within a period of three months, therefore, petitioner filed execution petition for execution of the judgment and decree dated 31.03.2017. In the execution, the respondents/judgment debtors filed objections alleging that in compliance of the judgment and decree dated 31.03.2017, the inquiry was initiated by the General Manager by deputing two officers as per order dated 04.05.2018. Notice was issued to the petitioner but he did not turn up. Inquiry Report was submitted on 30.05.2018. Show cause notice was issued to the petitioner but he did not appear. Therefore, final order was passed on 03.07.2018. The respondents, therefore, filed objections on the ground that since the judgment and decree dated 31.03.2017 passed by the learned Civil Judge (Senior Division), Chandigarh, was complied with, therefore, the execution petition be dismissed. By considering the facts, learned Civil Judge (Senior Division), Chandigarh, allowed the objections and dismissed the execution petition being fully satisfied, vide its order dated 03.09.2019. 4.

The petitioner filed appeal against the order dated 03.09.2019 passed by the Civil Judge (Senior Division), Chandigarh, before the learned Additional District Judge, Chandigarh, which was dismissed vide its judgment dated 22.05.2025. Hence, the present petition.

-35.

Learned counsel for the petitioner contends that the learned Additional District Judge, Chandigarh has wrongly dismissed the appeal filed by the petitioner against the order dated 03.09.2019 passed by the learned Civil Judge (Senior Division), Chandigarh. He, therefore, prays that the present petition be allowed.

6.

I have heard learned counsel for the petitioner and perused the case file with his able assistance.

7.

A perusal of the record shows that vide judgment and decree dated 31.03.2017, learned Civil Judge (Senior Division), Chandigarh, partly allowed the civil suit filed by the petitioner and set aside the order dated 31.08.1998 passed by the respondents, whereby, the services of the petitioner were terminated and directed the respondents to hold fresh inquiry after affording the petitioner proper and effective opportunity and the inquiry proceedings were directed to be concluded within a period of three months. The petitioner filed execution petition for execution of judgment and decree dated 31.03.2017, wherein the respondents filed objections stating that in compliance thereof, inquiry proceedings have been concluded and order dated 03.07.2018 has been passed, therefore, the execution petition be dismissed.

Since the execution was complied with in compliance of judgment and decree dated 31.03.2017 passed by learned Civil Judge (Senior Division), Chandigarh, therefore, learned Civil Judge (Senior Division), Chandigarh, vide its order dated 03.09.

-4being fully satisfied. The petitioner filed appeal against order dated 03.09.2019 on the ground that the respondents failed to complete the inquiry within a period of three months, therefore, the objections were liable to be dismissed. The appeal was dismissed by taking into consideration all the facts and circumstances of the case and it has been rightly observed by the learned Additional District Judge, Chandigarh, that the respondents were duty bound to conclude the inquiry within a period of three months, however, the petitioner did not cooperate so there was delay in concluding the inquiry. Further that the judgment and decree dated 31.03.2017 passed by the learned Civil Judge (Senior Division), Chandigarh, is fully executed since the inquiry was concluded.

8.

In view of the above, I do not find any infirmity or illegality in the impugned order dated 22.05.2025 passed by the learned Additional District Judge, Chandigarh, and the same does not warrant any interference by this Court. Consequently, the present petition is hereby dismissed and the said impugned order dated 22.05.2025 is accordingly upheld. 9.

Pending application(s), if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 19.08.2025 Virender Whether speaking/non-speaking : Yes Whether reportable : Yes/No