LAWS(P&H)-2016-7-97

BAHAL SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On July 21, 2016
BAHAL SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner had retired as Auction Recorder from the Martket Committee, Mansa. The petitioner has impugned the order dated 16.1.2004 (Annexure-P-1), passed by respondent No. 3 i.e. the Administrator, Market Committee, Mansa, and the order dated 25.11.2009 (Annexure-P-2), passed by respondent No. 1, disallowing the appeal of the petitioner. Undoubtedly, the petitioner, who was working as an Auction Recorder, had retired from the service on 30.6.2002. He had been suspended from service on 26.8.1985. An FIR No. 9 dated 7.1.1986 was registered under Sections 409/468/471 Penal Code against the petitioner at P.S. Mansa. In the said case, the petitioner was acquitted of the charges framed against him, vide judgment dated 14.8.1997 (Annexure-P-3), passed by the learned Chief Judicial Magistrate, Mansa. The petitioner re-joined the duty on 19.2.1998 during the pendency of the departmental inquiry. The departmental inquiry was conducted, in which the petitioner was held guilty and order dated 9.8.2000 (Annexure-P-4) was passed. The relevant extract from the said order is reproduced as under :-

(2.) It comes out that after the imposition of said penalty, respondent No.3 passed another order dated 16.1.2004 (Annexure-P-1) whereby in place of the earlier punishment awarded to the petitioner, the punishment was enhanced and in placed of stoppage of one annual increment temporarily for one year, one annual increment was stopped with cumulative effect and the recoveries were ordered to be effected from his pensionary benefits. In the order dated 9.8.2000 (Annexure-P-4), the suspension period was ordered to be treated as duty period for all benefits like pension, increment, gratuity etc., but in the impugned order dated 16.1.2004 (Annexure-P-1), the suspension period was ordered to be forfeited and the same be treated as non duty for all purposes. The said order is reproduced below :-

(3.) The petitioner has challenged the said order in appeal before the Secretary, Punjab Mandi Board, Chandigarh, who dismissed the appeal, vide order dated 25.11.2009 (Annexure-P-2).