SHAM LAL Vs. DISTRICT AND SESSIONS JUDGE, FEROZEPUR

JUDGEMENT

(1.) In all the three Civil Writ Petitions bearing numbers C.W.P. No. 8623 of 1988, C.WP. No. 14665 of 1989 and Civil Writ Petition No. 4447 of 1993 the common question involved is as to whether the punishment of stoppage of annual grade increment with cumulative effect could be passed by the disciplinary authority without providing the delinquent official a copy of the report and affording him an opportunity of being heard. Some facts for appreciating the controversy involved are necessary to be noticed.

(2.) In Civil Writ Petition No. 14665 of 1989 the petitioner Sarab Dayal Rai an employee of the Public Health Department of Punjab Government was charge- sheeted for having some water works got done from the agency of contractors during the plantation of hedges which was stated to be below specification with the allegation that the said work was not practicable to be executed within the short time shown by the said officer. It was further submitted that in violation of the directions the payments were made to the contractor within a period of one year. The work was of original nature but the costs were debited to the maintenance estimates at the time of calling quotations copies of the notices inviting tenders/quotations were stated to have been simultaneously sent to the Divisional Office. After serving show-cause notice, obtaining the reply from the official and holding of enquiry, the order impugned of stoppage of three annual grade increments with cumulative/effect was passed against the official.

(3.) In Civil Writ Petition No. 4447 of 1993 the petitioner, an employee of the Revenue Department, was charged of having made a, demand of Rs. 2,000/- as bribe from Shri Sham Singh, Sarpanch, Gram panchayat Ratta Khera for getting the mutation sanctioned through the Naib Tehsildar of the area. It may be mentioned that the writ petitioner at that time was Patwari of the Halqa Man Singh Wala, Tehsil Feroze- pore. The Enquiry Officer came to the conclusion that, "demand of Rs. 2,000/- was made by the Patwari from Sham Singh, Sarpanch is proved but any amount being paid by Sham Singh, Sarpanch, to the Patwari or paid back is not proved." The Collector, District Ferozepore vide order impugned in mat petition directed the stoppage of one increment with cumulative effect against the said Patwari.