STATE OF PUNJAB AND ANOTHER Vs. GURDIAL SINGH

JUDGEMENT

(1.) The defendant-State of Punjab and another are in appeal.

(2.) The plaintiff maintained that he was served memorandum of chargesheet under rule 8 of the Punjab Civil Services (Punishment and Appeal) Rule, 1970. An enquiry was conducted. As per the aforesaid enquiry, the plaintiff was found to be not guilty for charge No. 1 and plaintiff was exonerated for charges No. 2 and 3. However, the disciplinary authority held him guilty for both the charges, disagreeing with the findings of the Enquiry Officer. The plaintiff maintained that in fact no formal show cause notice was issued to him after disagreeing with the said enquiry report. Accordingly, the order of punishment passed by the punishing authority, upheld in appeal, was challenged on that ground as well.

(3.) The defendants contested the suit. They defended the punishment order as well as appellate order. It has been contended that the rule has been properly followed as the plaintiff has been given an opportunity of hearing.