STATE OF PUNJAB Vs. SURJIT SINGH CONDUCTOR

JUDGEMENT

(1.) Leave granted.

(2.) The only question is:whether the disciplinary authority could withhold payment of arrears of salary for the period of suspension from September 5, 1986 to April 2, 1987, namely, the date of suspension till the date of passing of the final orders

(3.) The respondent was a conductor. A chargesheet was issued imputing misconduct in not issuing the tickets. The Enquiry Officer, though had not recorded finding of proof of misconduct, the disciplinary authority did not agree with the Enquiry Officers report and has given reasons in support of the disagreement, recorded a finding as to how the charges have been proved by giving opportunity to the respondent to show why the punishment of stoppage of increments and also withholding payments of arrears of salary as punishment. The respondent had submitted his explanation. On consideration thereof, the disciplinary authority imposed stoppage of three annual increments with cumulative effect and also withheld payment of arrears of salary for the suspension period. The trial Court dismissed the suit. On appeal, it was reversed and the suit was decreed. In S. A. No. 208/93 dated November 25, 1993, the High Court of Punjab and Haryana confirmed the appellate decree.