STATE OF HARYANA Vs. YATINDER KUMAR

JUDGEMENT

(1.) The defendants State of Haryana and another having concurrently lost before the two Courts below have approached this Court through the present Regular Second Appeal.

(2.) A suit for declaration and for permanent injunction was filed by the plaintiff claiming that the order dated June 15, 2001 ordering the punishment and recovery was illegal and bad and in violation of principles of natural justice. Both the Courts have concurrently held that originally the plaintiff had been issued show cause notice and a charge sheet with regard to imposition of major penalty. A reply was filed by the plaintiff. Thereafter without following any procedure under the rules, the defendants chose to impose a minor penalty upon the plaintiff. It was held by both the Courts below that the aforesaid course was not open to the defendants. The suit filed by the plaintiff was decreed and the appeal of the defendants failed before the learned First Appellate Court.

(3.) The matter in controversy is squarely covered by a Full Bench judgment of this Court in Dr.K.G.Tiwari v. State of Haryana 2002(3) RSJ 296. Nothing has been shown that the findings of fact recorded by the learned Courts below suffer from any infirmity or are contrary to the record. No question of law, much less any substantial question of law, arises in the present appeal. Dismissed.