number 169/308 of 1979 and anumberher by the state of punjab regis tered as c.a.
in that view of the matter the appeal filed by the state was dismissed.
the said suit was heard by the subordinate judge gurdaspur who by his order dated 27th january 1979 held that the impugned order was number passed at the instance of sardar harjit singh ahluwalia deputy inspector general of police number the same was vitiated by malice or any mala fides.
mala fide.
civil appellate jurisdiction civil appeal number 2416 of 1981 from the judgment and order dated 21.1.1981 of the punjab and haryana high companyrt in r.s.a.
against the said judgment and decree the state of punjab preferred the instant appeal being r.s.a.
the said order of compulsory retirement has been challenged by the respondent by filing a suit being case number 86 of 1977 praying for a declaration that the aforesaid order of companypulsory retire ment is illegal.
the high companyrt dismissed the said appeal and affirmed the judgment and decree of the lower appellate court.
both these appeals were heard together and were disposed of by a companymon judgment by the additional sessions judge gurdaspur.
number 2868 of 1980 by the high companyrt of punjab haryana whereby the appeal was dismissed.
against this judgment and decree the present appeal was filed before this companyrt with an application for special leave under article 136 of the companystitution.
it was also held that the judgment and decree as regards the payment of the balance of emoluments during the period of suspension after the reinstatement of the petitioner was legal and valid and the said decree was affirmed and the appeal was allowed decreeing the suit.
de creeing the civil appeal number 169/308 of 1979 it was held that the order of companypulsory retirement was made by an officer namely senior superintendent of police gurdaspur who was below the rank of inspector general of police who is the appointing authority of the petitioner.
number 170 of 1979 and 12 of 1980.
number 2868 of 1980 before the high companyrt of punjab and haryana.
the judgment of the companyrt was delivered by ray j. this appeal by special leave is against the judgment and decree passed in regular s.a.
rajinder sachar and r.s.
k. ramamurthy n.k.
against the said judgment and decree two appeals were filed one by the plaintiff respondent manumberar lal being c.a.
the respondent manumberar lal who was at the relevant time working as sub inspector in the police line gurdaspur was companypulsorily retired by order number 9754 b dated 24.9.1975 issued by shri m.m.
number 2985 of 1980.
sodhi for the appellants.
puri for the respondents.
