STATE OF PUNJAB AND ANOTHER Vs. MALAK SINGH

JUDGEMENT

(1.) The writ petitioner, Malak Singh, challenged the order dated Jan. 22, 1970, copy Annexure E, whereby his annual increment was withheld for a period of one year without cumulative effect. The learned Single Judge in the order under appeal, dated Nov. 21, 1973, observed as follows:-

(2.) The writ-petitioner filed the above-said LPA. which was dismissed on Aug. 8, 1974, as barred by time. The writ-petitioner went to Supreme Court against the said order when the case was remanded vide order dated Nov. 28, 1989, for deciding the L.P.A. on merits.

(3.) The matter now stands concluded by the judgment of the Supreme Court reported as Kulwant Singh Gill Vs. The State of Punjab, Judgments Today 1990(4) S.C. 709, wherein it as been held that the stoppage of increment without cumulative effect was a minor penalty and that no regular enquiry was necessary to be held before inflicting the same. That being so, the writ petition filed by the petitioner was liable to be dismissed. Consequently, this appeal succeeds and is allowed. The order of the learned Single Judge is set aside and the writ petition is dismissed with no order as to costs. Appeal dismissed.