GURCHRAN SINGH CONDUCTOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The trial court vide judgment dated 12.11.1987 had decreed the suit of the plaintiff while observing that the order of the General Manager, Punjab Roadways, Ferozepur, bearing No.17574-76 dated 30.8.1983 withholding three annual increments of the plaintiff with cumulative effect was illegal, null and void and against the principles of natural justice, therefore, the plaintiff was entitled to the said increments. The first appellate court while reversing the judgment, dismissed the suit on 15.2.1989.

(2.) The following substantial question of law arises for determination in this case :-

(3.) The uncontroverted facts, which could be culled out from the pleadings of the parties, are that the plaintiff was a conductor No. 185 in the Punjab Roadways, Ferozepur and vide order dated 30.8.1983, as referred to above, he was imposed penalty of withholding of three annual increments with cumulative effect. The stand of the plaintiff was that no show cause notice was served upon him before passing the order of penalty. In this regard, the record file (Ex.P1) was produced in the court, which on examination indicated that there was no document, on the basis of which it could be held that a show cause notice was actually served upon the plaintiff. Even if, it has ever been dispatched to the plaintiff, then there should have been some receipt regarding the issuance of show cause notice but no such receipt has been proved on the record. Mere fact that one office copy of the show cause notice is on the file itself is no ground that the show cause notice was actually served upon the plaintiff. Even otherwise, no regular enquiry as envisaged under the rules had been conducted.