STATE OF PUNJAB Vs. RAJ KUMAR BIALA

JUDGEMENT

(1.) CIVIL Misc. No. 4031 -C of 1994 came up for hearing today but on the request of counsel for the parties, the main appeal has been taken -up for hearing and final disposal.

(2.) THIS Regular Second Appeal is directed against the judgment and decree passed by the Additional District Judge, Gurdaspur upholding that of the trial Court whereby the suit of the plaintiff -respondent for a declaration that the punishment of stoppage of one annual increment with cumulative effect imposed upon him was null and void has been decreed.

(3.) IT is common case of the parties that the Department while imposing the punishment did not follow the procedure prescribed by Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 as it proceeded on the basis that the stoppage of one annual increment with cumulative effect was only a minor punishment for which the procedure was not required to be followed. Both the Courts came to the conclusion that the procedure prescribed by Rule 8 ought to have been followed and since it was not followed, the impugned orders were declared null and void and the suit was consequently decreed. The State of Punjab has come up in second appeal.