STATE OF PUNJAB AND OTHERS Vs. KAPOOR SINGH

JUDGEMENT

(1.) C.M.No. 758-C of 2012

(2.) The suit was contested by the defendants on various grounds including the jurisdiction and it was admitted that the relief of additional increment had been granted to him.

(3.) It was alleged that inquiry had been conducted and the plaintiff had filed an appeal against the punishment order and after personal hearing also, his appeal was rejected vide order dated 31.01.2007 and the suit had been filed on 06.08.2007 after his retirement on 31.05.2007. It is pertinent to mention the fact that the bus had broken down due to shaft nut being broken and light failure had not been specifically denied in the written statement. The trial Court, vide detailed judgment dated 31.07.2010, failed to interfere on the ground that it was the jurisdiction of the punishing authority and while discussing the Wednesbury principle, did not exercise jurisdiction in judicial review. It was in such circumstances that the appeal was filed by the plaintiff and as noticed above has been allowed and the order stopping the two earned increments with permanent effect has been set aside.