DALWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present appeal, at the hands of plaintiff, is directed against the judgment of reversal, whereby the learned Additional District Judge partly allowed the appeal of the defendants, in a suit for declaration. Brief facts of the case, as recorded by the learned first appellate court in para 2 and 3 of the impugned judgment, are that plaintiff was working as conductor in Punjab Roadways, Patti Depot. The General Manager, Patti, vide his order dated 31.1.1983 stopped three annual increments of the plaintiff with cumulative effect. Further, as per order dated 7.2.1983, the General Manager, Patti, also stopped three increments of the plaintiff with cumulative effect and also withheld his wages for suspension period. These orders were stated to be totally illegal, contrary to the rules of natural justice, null and void for the following reasons:-

(2.) The suit was contested by the defendant-appellants. They took preliminary objections that the orders were perfectly legal and valid. They controverted all the allegations of the plaintiff-respondent and reiterated that the enquiries were conducted following the necessary rules, regulations and principle of natural justice. It was also pleaded that the show cause notices were served on the plaintiff-respondent, who was placed under suspension and that the orders were passed by the Punishing Authority of the plaintiff-respondent.

(3.) On completion of pleadings of the parties, learned trial court framed the following issues:-