MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is plaintiff's second appeal. His suit for declaration that the order dated Dec. 28, 1984 passed by the Divisional Manager, Transport Department, Jalandhar awarding him penalty of stoppage gap of 5 annual increments with cumulative effect is illegal having been dismissed he approached the lower appellate court by way of appeal. The appeal also having been dismissed, he has come up in this second appeal. A few facts as established on the record may be noticed.

(2.) The appellant was appointed as an Inspector in the Punjab Roadways vide order dated Oct. 5, 1977 by the Director State Transport, Punjab. A copy of this order has been produced on record as Ex. P-7. On Jan. 31, 1984, a charge sheet was issued to the appellant. After an enquiry, he was given a show cause notice on Sept. 7,1984. Ultimately, on Dec. 28,1984, an order was passed by the Divisional Manager by which his 5 annual increments were stopped with cumulative effect. This order was challenged as being illegal and ultra vires the rules.

(3.) On the pleadings of the parties, the learned trial Court framed the following two issues:-