STATE OF HARYANA Vs. NARESH KUMAR

JUDGEMENT

(1.) This is defendant's second appeal against whom the suit has been decreed by both the Courts below. The plaintiff Naresh Kumar filed a suit for declaration to the effect that the order dated 4.7.1975 regarding his reinstatement thereby inflicting upon him the punishment of stoppage of one annual grade increment with cumulative effect and also that the period during which he remained under suspension will be treated as leave of the kind due was illegal. The defence taken was that the plaintiff was given due opportunity to defend himself in accordance with law and on receipt of reply to the charge sheet, the punishing authority came to a tentative decision that the punishment of stoppage of one annual grade increment was proper.

(2.) The trial Court came to the conclusion that there was nothing bad or illegal in the impugned order about stoppage of increment of the plaintiff but the impugned order was illegal to the extent the period during which the plaintiff had remained under suspension will be treated as leave of the kind due Consequently, the plaintiff's suit was partly decreed and the impugned order was held to be illegal to the extent that the period during which the plaintiff had remained under suspension will be treated is leave of the kind due The plaintiff still dissatisfied with the decree of the trial Court filed an appeal wherein the learned Additional District Judge found that the order imposing penalty of stoppage of one increment with cumulative effect was also bad in law. The plaintiff's suit was decreed in toto by the lower appellate Court Dissatisfied with the same, the State of Haryana has filed the present appeal.

(3.) At the time of motion hearing the following question of law was framed: