AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant-plaintiff was employed as Conductor and was posted at Ferozepur. On 25.8.1983, he was issued a charge sheet after being placed under suspension. The proceedings were initiated against him for imposing penalty. Ultimately, order withholding three annual increment with cumulative effect was passed. The appellant filed a suit to challenge the same on the ground that these orders were illegal, ultra vires, null, void and was in violation of principle of natural justice. He had also challenged the order passed by the punishing authority. The impugned order was challenged on number of grounds like charge sheet was not definite and specific. The inquiry held in this case was statedly containing various irregularities and illegalities. The appellant was denied the assistance of co-worker and was allegedly not given an opportunity to cross examine the witnesses. It was also alleged that the appellant Regular Second Appeal No. 2863 of 1986 was not given opportunity to produce his defence witnesses.

(2.) In the written statement filed, the respondent-State took a preliminary objection about the jurisdiction of the civil Court to try the suit. The allegations made in the plaint were denied. The factual position about the service of the appellant was admitted and so too the passing of the impugned order dated 25.08.1983.

(3.) The suit was tried on the following issues by the trial court :-