STATE OF PUNJAB Vs. KAPIL DEV

JUDGEMENT

(1.) Kapil Dev, respondent-plaintiff filed a suit challenging the order awarding him punishment of stoppage of one annual grade increment without cumulative effect. There was a complaint made against the respondent-plaintiff by the Panchayat when Block Development Officer was deputed to investigate the same. On this basis, the respondent-plaintiff was served Ex. DD, which was letter containing details of imputation of misconduct. However, there was no mention made in this letter as to what action was proposed to be taken against the respondent-plaintiff. There was certain Annexures attached with the Ex.DD, which were not even produced before the Court when the order of punishment was put to challenge.

(2.) The respondent-plaintiff had submitted a reply in detail, which apparently was not considered and the punishment of stoppage of one annual increment without cumulative effect imposed on him. The respondent-plaintiff accordingly filed the suit on the ground that he was not afforded adequate opportunity before imposing this punishment. The trial Court after making reference to the evidence on record, came to conclude that Ex. DD could not be termed as show cause notice. It is observed that the reply given by the respondent-plaintiff to this communication was not taken into consideration while imposing the punishment. Finding is that as a matter of fact that Ex. DD could not be considered to be a show cause notice. The finding accordingly is that the proper procedure for imposing the penalty, though a minor one, was not followed. The suit was accordingly decreed and appeal filed by the State was also dismissed.

(3.) The State counsel would urge that there was no necessity to mention the proposed punishment in the show cause notice and only imputation of misconduct was required to be mentioned so that the employee can file reply. The finding by the Courts is that this Exhibit was a communication and could not be taken as a show cause notice for the purpose of receiving response. Rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as an 'Act') regulate the procedure for awarding minor penalties, which reads as under: