PUNJAB STATE AND ORS. Vs. RAM LUBAYA

JUDGEMENT

(1.) WHETHER stoppage of increments with cumulative effect is a 'major punishment' within the meaning of Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter called the Rules), is the meaningful point which arises for consideration in this appeal.

(2.) RAM Lubhaya was a Conductor in the Punjab Roadways. On 25th January, 1974, a show -cause notice was served on him, containing some allegations and his explanation was sought. He submitted his explanation of innocence on 25th May, 1974. By order dated 15th November, 1977, issued by the General Manager, Punjab Roadways, Jullundur, his explanation was found to be unsatisfactory and the punishment of stoppage of three increments with cumulative effect was imposed on him. Ram Lubhaya filed the present suit to impugned the withholding of three increments with cumulative effect on the ground that it amounts to a major punishment and since under the Rules the procedure for awarding 'minor punishment' was followed, the impugned order was illegal and without jurisdiction. The suit was opposed by the State and it was pleaded that the stoppage of increments with cumulative effect is a minor penalty and was even otherwise valid. On the contest of the parties, the following issues were framed:

(3.) IN order to appreciate the point involved, it will be useful to notice Rule 5 of the Rules, which is reproduced below: