SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two Regular Second Appeal Nos. 3333 and 3591 of 1986, as the common question of fact and law arises in these two appeals. Facts are being taken from RSA No. 3591 of 1986.

(2.) The appellant was working as a Conductor with Punjab Roadways Depot, Moga. He had filed this suit to challenge the orders of stoppage of increments with cumulative effect passed on 03.11.1977, 30.11.1978, 08.02.1978, 09.08.1982, 21.01.1983 and 18.03.1983. The plea was that all the orders were illegal null and void and thus ineffective qua the rights of the appellant.

(3.) The facts in brief as can be noticed, are that the appellant was serving as Conductor since the year 1975. On 03.11.1977 order stopping 4 annual grade increment with cumulative effect was made on the ground that he had not issued ticket to passenger and thus had caused loss to the State. Again on 31.11.1978 his one annual grade increment with cumulative effect was stopped on the allegation that he was not in a proper dress and was using a private punch for punching the tickets. Yet another order was passed on 09.08.1982, stopping 3 annual grade increment with cumulative effect for not issuing tickets to the passengers. Stoppage of 2 annual grade increment with cumulative effect was passed on 21.01.1983 for similar allegations. Yet again, on 18.03.1983 order directing stoppage of 4 annual grade increment for not issuing tickets to police constable, who was travelling in the bus, was awarded. The appellant had accordingly challenged the validity of all the orders on the ground that no preliminary inquiry was held and thus rules of natural justice stood violated. It was also pleaded that the appellant was not afforded reasonable opportunity to defend himself and that he was not given any personal hearing. Plea also was that the impugned order were non-speaking and thus arbitrary. It was also pleaded that the statement of passengers were not recorded by the inquiry officer, who was stated to be biased.