STATE OF PUNJAB Vs. LAVINDER PAL SINGH

JUDGEMENT

(1.) Present Regular Second Appeal has been filed by the State challenging the judgment and decree of the lower Appellate Court dtd. 2/4/2005 by which, the judgment and decree of the trial Court dtd. 6/1/2001 has been set aside and the suit filed by the respondent-plaintiff has been allowed.

(2.) Certain facts needs to be mentioned for the correct appreciation of the controversy in question.

(3.) The respondent-plaintiff was appointed as Junior Auditor on 14/10/1980. While working on the said post, he was suspended along with the others w.e.f. 28/4/1994 and a charge-sheet was served upon him. Along with the respondent-plaintiff, one Arjan Singh, Raj Dulari and Ramji Das Sharma were also proceeded against in departmental proceedings on the same allegations of embezzlement. Enquiry Officer was appointed to find out the truth in the allegations, negligence in performance of duties was proved but the embezzlement of money was not proved. The enquiry report was given to all the employees who were being proceeded against and ultimately on 15/5/1997, punishment of stoppage of three increments with cumulative effect was passed and the period of suspension was ordered to be treated as a leave of kind due. It may be noticed that the respondentplaintiff filed a civil suit challenging the said order of punishment whereas, the other employees, who were also proceeded against in the joint enquiry namely Arjan Singh, Raj Dulari and Ramji Das Sharma challenged similar order of punishment by filing CWP No.15807 of 1998, CWP No.16004 of 1998 and CWP No.16005 of 1998 respectively.