PARAMJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who is serving on the post of Junior Assistant under the Department of Revenue & Rehabilitation, State of Punjab has filed the instant writ petition impugning the charge sheet dated 22.8.2000 (Annexure P-2), Inquiry Report dated 27.10.2010 (Annexure P-6), order dated 12.8.2011 (Annexure P-10), whereby the major penalty of withholding of three annual increments with cumulative effect, has been imposed as also the order dated 22.3.2012 (Annexure P-12), whereby the Appellate Authority has upheld the order of imposition of major penalty.

(2.) Brief facts that would require notice are that the petitioner is physically handicapped, suffering from a permanent disability element to the extent of 75%. Petitioner joined service under the respondentdepartment in the year 1979. It has been pleaded that the entire service record of the petitioner has been without blemish except for a penalty of Censure having been awarded to him in the year 1997. The petitioner remained on casual leave from 30.6.1995 to 2.7.1999. On 2.7.1999 when the petitioner was coming to office by bus, while alighting, foot of the petitioner slipped and his left hip joint got dislocated. Accordingly, leave applications were sent to Tehsildar, Samana from 3.7.1999 to 9.7.1999 under U.P.C. On account of the health condition of the petitioner, he submitted further leave applications under U.P.C for the period w.e.f. 17.7.1999 to 1.8.1999. It is asserted that no intimation was sent to him as regards his leave applications having been rejected/accepted. On 2.8.1999 he went to attend office in the office of Tehsildar, Samana and submitted his joining report but the same was not accepted. Ultimately, he was only permitted to join duty in January, 2000.

(3.) Learned counsel for the parties have been heard at length and pleadings on record have been perused minutely.