Petitioner filed a civil revision challenging the dismissal of an application to frame an additional issue regarding inquiry proceedings legality. The High Court held the trial Court justified as the main issue covered the punishment order's validity. Petition dismissed.
Application for framing additional issue dismissed; Revision petition dismissed.
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Civil Revision No.5274 of 2006. 1
In the High Court of Punjab and Haryana at Chandigarh.
Civil Revision No.5274 of 2006.
Date of decision:10.10.2006.
D.M.Soni.
...Petitioner.
Versus
Punjab National Bank and others.
...Respondents.
Coram: Hon'ble Mr.Justice S.N.Aggarwal.
Present: Mr.Ajay Saini Advocate for the petitioner.
Judgment.
S. N. Aggarwal, J.
D.M.Soni petitioner filed a civil suit for declaration against
the respondents in 1995. He had challenged the inquiry report dated 24.11.1992 as also order dated 14.12.1992 passed on this inquiry report. Issues were framed by the learned trial Court on 18.8.1997. The parties led the evidence. Thereafter, the present application was filed by the petitioner in the year 2006 under Order 14 Rule 1 read with Section 151 CPC for framing of additional issue regarding the legality and validity of the inquiry proceedings/report. The said application was dismissed by the learned trial Court vide order dated 19.9.2006.
Civil Revision No.5274 of 2006. 2
Hence, the present petition.
The learned trial Court has already framed the issue regarding legality and validity of punishment order dated 14.12.1992. Therefore, no separate issue was required to be framed regarding the legality and validity of inquiry proceedings as the said order of punishment is based on the said inquiry proceedings/report. The petitioner can prove the illegality or violation of the principles of natural justice in the inquiry proceedings/report under the issue framed regarding legality and validity of the punishment order dated 14.12.1992 because the said order depends upon the legality and validity of inquiry proceedings/report.
The learned trial Court was fully justified in rejecting the application for framing of additional issue.
There is no merit in the present revision petition and the
same is dismissed.
October 10,2006. ( S. N. Aggarwal ) Jaggi Judge
2 issues framed by the court
Whether an additional issue regarding the legality of inquiry proceedings should be framed when the main issue covers the validity of the punishment order based on those proceedings.
Whether the trial Court was justified in dismissing the application for framing an additional issue.
1 provisions across 1 enactments
D.M.Soni
Punjab National Bank
S.N.Aggarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
