STATE OF PUNJAB Vs. OM PARKASH AGGARWAL

JUDGEMENT

(1.) OM Parkash Aggarwal, respondent, herein, was serving as Labour Inspector Grade -I in the department of Labour and Employment, Government of Punjab. His two annual grade increments were stopped without cumulative effect, vide order dated 14.10.1983, passed by the Secretary of the department, in the name of President of India. Aggrieved against the same, the respondent, herein, challenged the legality and propriety of the order (supra), before the trial Court, in a suit for declaration to the effect that the order dated 14.10.1983 (supra) is illegal, null and void and, notwithstanding the same, he continues to be in service as if the impugned order (supra) had not been passed.

(2.) BEFORE filing this suit, the respondent served notice under Section 80, Code of Civil Procedure, upon the appellants, herein, but reply, thereto, was not given by them to the respondent. The main grouse of the respondent was that the impugned order of punishment of stoppage of two increments without cumulative effect was passed by the President of India, who is not his punishing authority, while, on the contrary, the impugned order of punishment was required to be passed by the Labour Commissioner, who was the competent punishing authority. It is his case that the Government, who passed the impugned order of punishment, in the name of President of India, was his appellate authority. The impugned order of punishment has deprived him of his right of filing administrative appeal against the same, before the Government.

(3.) REPLY to the show cause notice on 24.3.1983 was admitted. It was further averred that the respondent was charge -sheeted for major penalty, but, on considering his reply, a lenient view was taken and punishment of stoppage of two increments without cumulative effect was awarded. It was averred that the notice under Section 80, Code of Civil Procedure, was received, but it was not valid one. Rest of the averments made in the plaint were controverted and prayer for dismissal of the suit was, thus, made.