HARBANS SINGH UPPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I am disposing of three appeals bearing Nos. R.S.A. 2068 of 1979, 2052 of 1979 and 18 of 1980 as the point of law involved in all these appeals is similar. For the purpose of deciding these appeals, the facts of R.S.A. No.2068 of 1979 are being taken.

(2.) Harbans Singh Uppal, appellant (hereinafter referred to as the plaintiff) filed a suit in the Court of Sub Judge III Class, Sangrur, for declaration that order No. E-I/(13)- 75 dated 28.4.1976 passed by the Circle Education Officer, Patiala Circle, Nabha, was illegal, void and not binding upon the palintiff. By this order penalty of stoppage of three increments with cumulative effect was imposed upon the plaintiff. Plaintiff inter alia had stated in the plaint that the stoppage of increments with cumulative effect amounted to a major penalty and since the procedure prescribed for major penalty under Punjab Civil Services (Punishment and Appeals) Rules, 1970 (hereinafter referred to as the Rules) has not been complied, the order was liable to be set aside. The learned trial Court by judgment and decree dated 9.3.1978 decreed the suit of the plaintiff and set aside the impugned order by which the penalty of stoppage of three increments with cumulative effect was imposed on the plaintiff.

(3.) Aggrieved by the above order, the State filed the appeal which was allowed by learned Additional District Judge, Snagrur. By his judgment dated 16.5.1979, the learned Additional District Judge, Sangrur held that the stoppage of increments with cumulative effect was a minor penalty under rule 5 of the rules and as such the procedure prescribed for major penalty was not required to be complied with. Aggrieved by the aforesaid judgment of the learned Additional District Judge, Sangrur, the present appeal has been filed by the plaintiff.