STATE OF PUNJAB Vs. SHRI CHANDER KANT

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the plaintiff was accepted thereby decreeing his suit.

(2.) Briefly put, the plaintiff, a Clerk in the Punjab Roadways at Pathankot depot, was charge-sheeted by defendant No. 2 Director State Transport Punjab, Chandigarh, on 6.3.1981. The charges were that while posted as Purchase Clerk at Pathankot he made irregular purchases of G.I. sheets after inviting quotations from the local market and was also responsible for stealing the relevant record of purchase order and quotations from the steel table drawer of the Resident Senior Auditor of Punjab Roadways, Pathankot. The plaintiff was further charged that while posted as Nazir he issued bogus uniforms to the staff which had been transferred to sub depot Nangal of Punjab Roadways, Hoshiarpur, whereas such uniforms were to be issued by the Hoshiarpur depot only. He even issued chits for uniforms to the staff posted at Hoshiarpur depot. As soon as he became aware of the same that he is liable to be prosecuted, he even stole away the connected record from the room of the Nazir. An inquiry was instituted with regard to the above mentioned charges and vide order - dated 30.5.1983 three increments of the plaintiff with cumulative effect were stopped. The plaintiff challenged the order dated 30.5.1983 in the Court of Sub Judge Ist Class at Pathankot who dismissed his suit vide judgment and decree dated 9.8.1985. The appellate Court reversed the judgment of the trial Court vide judgment dated 28.2.1986. The appeal of the department was dismissed by the High Court in limine and the Special Leave Petition before the Supreme Court also met the same fate. Since it was held by the Courts that no proper opportunity had been given to the plaintiff by the enquiry officer, the department ordered for de novo enquiry and appointed inquiry officer from the office of the Divisional Manager, Punjab Roadways, Jalandhar, to conduct the same vide order dated 3.5.1988.

(3.) Once again the plaintiff with a view to get rid of order dated 3.5.1988 vide which de novo enquiry had been ordered challenged the same on the ground that the same is illegal, unlawful, unconstitutional and in violation of the Punjab Civil Services (Punishment and Appeal) Rules is thus liable to be set aside and further sought relief restraining the defendants from starting enquiry proceedings on the basis of the impugned order.