SOHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed for quashing of the order dated 23.2.2004 by which a major penalty of stoppage of one increment with cumulative effect was imposed on the petitioner and the order dated 18.5.2004 vide which the appeal filed by the petitioner against the aforementioned order was rejected. Apart from this petitioner has also challenged the order dated 13.9.2004 by which it has been ordered that the period 16.1.2002 to 20.1.2004 during which the petitioner remained under suspension, pending a departmental enquiry against him, was to be treated as leave of the kind due.

(2.) Briefly the facts are that while serving as a Junior Auditor in the Department of Food, Civil Supplies and Consumer Affairs in the State of Punjab a charge sheet was served upon the petitioner. Pending departmental proceedings the petitioner was suspended on 4.1.2002. Thereafter however by an order dated 5.1.2004 petitioner was reinstated pending departmental enquiry. For the period of suspension he was paid subsistence allowance at the rate of 40 per cent of the salary. Ultimately, as already mentioned hereinabove, on conclusion of the departmental proceedings major penalty of stoppage of one increment with cumulative effect was imposed upon the petitioner by an order dated 23.2.2004. Against this order the petitioner preferred an appeal which was however, dismissed on 18.5.2004.

(3.) The petitioner had therefore filed this writ petition challenging the orders imposing the penalty as also the order rejecting the appeal. Apart from this the petitioner also challenged the order dated 13.9.2004 to the extent that the said order treats the period of suspension as leave of the kind due. The respondents have filed a reply contesting the petitioner's claim.