STATE OF PUNJAB Vs. JASWANT SINGH

JUDGEMENT

(1.) Jaswant Singh (respondent-plaintiff), who was working as Conductor in the Punjab Roadways Batala, District Gurdaspur had filed this suit to impugn the orders, whereby the punishment of stoppage of increment with cumulative effect were passed on different dates. The appellant had impugned the following orders : - <FRM>JUDGEMENT_437_LAWS(P&H)3_20101.html</FRM>

(2.) It was stated in the plaint that the respondent-plaintiff had joined the services in July 1970 at Amritsar depot and was transferred to Batala. In the year 1980, the pay and allowances of the Conductor were revised w.e.f. 01.01.1978. Many juniors of the respondent-plaintiff were fixed in higher pay scale and when he made inquiries about this, he was apprised that this is because of stoppage of increment through various orders. The respondent- plaintiff pleads that these orders were never communicated to him and accordingly filed the suit on the ground that these were illegal null and void, ineffective and unconstitutional. His plea further was that no inquiry was held and even the procedure for imposing the minor penalty was not followed. It was also complained that no show cause notice was issued to him before awarding these punishments, which according to him are the major punishments and could have only been awarded after following the procedure as prescribed in this regard.

(3.) The appellant-State contested the suit by urging that punishments of stoppage of increment were imposed on the respondent-plaintiff, after observing due procedure as prescribed in the Punjab Civil Services (Appeal and Punishment) Rules, 1970 (hereinafter referred to as 'Rules'). In addition, plea of bar to file the suit was also raised. On the basis of pleading, the following issues were framed : -