NSHAUNK LARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The judgment dated 11.02.2011 passed by the District Judge, Hoshiarpur, dismissing the appeal filed by the plaintiff appellant (hereinafter referred as 'the plaintiff') against the judgment and decree dated 13.05.2010 passed by the trial Court, dismissing the suit of the plaintiff for declaration, is under challenge. The factual position in the case is that two enquiries were held against the plaintiff, who has been working as a conductor in Punjab Roadways, Hoshiarpur. In the first enquiry, the Punishing Authority had awarded a penalty of stoppage of 8 annual increments with cumulative effect vide order dated 21.07.2005 and in the second enquiry, the Punishing Authority, vide order dated 04.08.2005, had compulsorily retired the plaintiff from service. On appeal, the Secretary to Government of Punjab, Transport Department, Chandigarh, vide order dated 18.10.2006 while deliberating over the issues, though held the plaintiff guilty, yet while examining the gravity of the charges, had reduced the penalty in both the cases to the extent of stoppage of two annual increments with cumulative effect in each case. The plaintiff had challenged the aforesaid order by way of filing a civil suit.

(2.) The trial Court, vide judgment dated 13.05.2010, dismissed the suit of the plaintiff. The appeal filed by him also met the same fate on 11.02.2011.

(3.) The allegations against the plaintiff relate to the years 1999 and 2002. He also remained under suspension for some time. The plaintiff was charge sheeted on the allegations that he did not issue tickets to the passengers, though he had charged money from them. Be that it may, the Court should not interfere in the quantum of punishment, but it is not an abstract proposition of law and principles of natural justice could be put into operation in fit and suitable cases. This principle is popularly known as "Wednesbury Principles", to which reference has been made by the Hon'ble Apex Court in case Om Kumar v. Union of India, 2001 1 SCT 214. The views of Lord Greene in the case of Associated Provincial Picture Houses v. Wednesbury Corporation, 1947 2 AllER 680, have been relied upon by the Hon'ble Apex Court in para No. 26 and the conclusion has been recorded in para No. 71, which are reproduced as under:-