SHADI LAL GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is by way of the High Court of Punjab and Haryana dismissing the Second Appeal filed by the appellant. He was a clerk in the Treasury at Ludhiana. He filed the suit out of which this appeal arises for three different reliefs out of which the only one that now survives is regarding the order withholding his increment for one year with cumulative effect.

(2.) The sole point raised on behalf of the appellant before the High Court was overruled by it on the basis of the Full Bench decision of the High Court in Malvinderjit Singh v. State of Punjab, ILR (1970) 2 Punj 580 (FB) which overruled the decision in Kalyan Singh v. The State of Punjab, ILR (1967) 2 Punj 471.

(3.) This is perhaps the first case that comes to this Court in the matter of a minor punishment. The appellant relied upon the decision of this Court in B. D. Gupta v. State of Haryana, AIR 1972 SC 2472, the facts of which are rather complicated, and are unnecessary for the purpose of this case. One of the points that arose in that case was regarding the minor punishment of censure, though it was an incidental one in an appeal which involved a much more important question. It was held that the show cause notice in that case did not give the appellant (the aggrieved Government servant) any real opportunity to defend himself. That is not the case here.