P.R.T.C. PATIALA Vs. DALIP SINGH

JUDGEMENT

(1.) Vide order dated 26.8.1993 Dalip Singh, Conductor No. F -4 Pepsu Road Transport Corporation, Budhladha depot was punished with the stoppage of two annual grade increments with cumulative effect by Depot Manager of the Corporation. Besides, it was ordered that nothing beyond what had been paid to him as subsistence allowance during the period of suspension would be paid to him. He filed suit for declaration challenging this order of the Depot Manager. It was alleged in the plaint that this order was passed at his, back. It was never conveyed to him. He was not served with any charge - sheet nor any fair inquiry was conducted against him. No opportunity of hearing was afforded to him before the said order was passed. Charge -sheet said to have been served upon him was defective, vague, illegal and against the rules. Inquiry conducted was also teeming with irregularities, illegalities which vitiated the entire inquiry proceedings. Inquiry was without compliance with the due procedure of law.

(2.) Pepsu Road Transport Corporation contested the suit of the plaintiff urging that the impugned order was passed after a regular inquiry, conducted in compliance with the due procedure prescribed by law. It was urged that the plaintiff was estopped from filing the suit as he had admitted his fault in writing before the Inquiry Officer. He had stated that the charges levelled against him were correct and whatever punishment was meted out to him that he would accept without any demur. She cause notice was issued to him on July 6, 1993. He was given personal hearing into the matter on 24.8.1993. During the course of personal hearing, he requested that a lenient view be taken. On the pleadings of the parties, (the following issues were framed : -

(3.) Whether the plaintiff is estopped from filing the present suit by his own act and conduct ? OPD