STATE OF PUNJAB Vs. RAWAL SINGH

JUDGEMENT

(1.) This appeal has been filed by the State of Punjab through Secretary, Transport against the judgment and decree dated 27.7.1984 passed by the learned Additional District Judge, Jalandhar whereby the appeal of the plaintiff-respondent against the judgment and decree dated 6.8.1983 passed by the learned Sub Judge Ist Class, Nawanshahr has been accepted and his suit has been decreed.

(2.) The plaintiff-respondent was working as a Conductor in the Punjab Roadways Depot, Nawanshahr. During the course of his service, he was placed under suspension and a charge-sheet dated 24.10.1980 was served on him. In terms of the charges, it is alleged that on various dates i.e. 18.8.1980, 10.8.1980, 29.6.1980, 2.7.1980, 2.10.1980 and again on 2.10.1980 he indulged in acts of embezzlement and embezzled Rs.17.20 and Rs.5.05.

(3.) The plaintiff was asked to file reply to the charge-sheet within seven days. The details of the charges were also submitted. After reply had been filed, a departmental inquiry was conducted in which the plaintiff participated. On completion of inquiry, the General Manager, Punjab Roadways, Nawanshahr issued a show cause notice on 24.3.1981 wherein it was recorded that the Inquiry Officer appointed to inquire into the charges levelled against the plaintiff in the charge-sheet dated 24.10.1980 has submitted his report and a copy of the same was enclosed for information of the plaintiff. It was further indicted that apart from the present case against the plaintiff, he had committed misconduct and other irregularities on different occasions for which punishments as mentioned therein had been imposed. These showed that the conduct of the plaintiff had not been satisfactory and that he had not been performing his duties as provided under the law. The punishments mentioned were regarding stopping of increments with cumulative effect vide order dated 16.2.1978, two increments with cumulative effect vide order dated 17.12.1979, one increment with cumulative effective vide order dated 1.7.1980 and two increments with cumulative effect vide order dated 25.11.1980. Accordingly, on careful consideration of the report of the Inquiry Officer, the General Manager was provisionally of the opinion that a penalty of removal from service and forfeiture of remaining pay of the suspension period should be imposed on him. Before taking action, the plaintiff was asked to show cause. After reply had been filed, the plaintiff was removed from service. The plaintiff accordingly filed the present suit for declaration to the effect that the order dated 19.5.1981 passed by the General Manager, Punjab Roadways, Nawanshahr (defendant No.2) vide which the plaintiff was removed from service and the appellate order dated 16.2.1982 passed by the Director, State Transport, Punjab, Chandigarh rejecting his appeal against the removal order were inoperative, null and void and not binding on the plaintiff. It was alleged that on the basis of false complaints of the checking staff, the plaintiff was placed under suspension and charge-sheet, which was fake, defective and was not drawn in accordance with the rules, had resulted in prejudice to the plaintiff as he was handicapped for preparation of his statement of defence. It was further alleged that the charge-sheet was not accompanied by the copies of the complaints of the checking staff, which are the basis of the charge-sheet.