OM PARKASH Vs. HARYANA ROADWAYS DEPOT DELHI

JUDGEMENT

(1.) THE petitioner was appointed as a Conductor in Haryana Roadways. His service was governed by Punjab Civil Service Rules (Appeal and Punishment ). He got an adverse entry in his ACR for the year 1989-90, due to which he could not clear the Efficiency Bar in his pre-revised pay- scale. The adverse entries in his ACR for the year 1989-90 were duly communicated to him but he did not challenge the same before any higher authority. Since the petitioner could not clear the Efficiency Bar in his pre-revised pay-scale because of adverse entries in his ACR for the year 1989-90, the grant of annual increments to him w. e. f. 01. 07. 1991 was deferred year after year till 30. 06. 1995. Various orders passed by the respondent by which annual increments of the petitioner were deferred are Annexure P-8 to Annexure P-11 at pages 43 to 46 of the Paper Book.

(2.) BESIDES stoppage of annual increments as mentioned above, the respondent no. 1 vide its order dated 27. 07. 1989 (Annexure P-2 at page 18 of the Paper book) also directed recovery of Rs. 400/- from the salary of the petitioner for the month of July 1989 on account of some embezzlement alleged against him.

(3.) THE petitioner aggrieved by stoppage of his annual increments and also by the order directing recovery of Rs. 400/- from his salary, had raised an industrial dispute which was referred by the appropriate Government for adjudication to the Labour Court. The Court below, after considering the evidence placed by the parties before it, reached to a conclusion that the petitioner was not entitled to any relief because stoppage of increments was justified as the petitioner was not able to clear the Efficiency Bar because of adverse entries in his ACR for the year 1989-90. The order directing recovery of Rs. 400/- from the salary of the petitioner was also found legal and valid as the said recovery against him was directed after providing an adequate opportunity of being heard to him.