STATE OF PUNJAB Vs. O P DUGGAL

JUDGEMENT

(1.) The suit of the plaintiff-respondent for a declaration that the order dated June 16, 1987, by which a penalty of censure was imposed upon him was illegal and a permanent injunction restraining the State from taking into consideration the aforesaid penalty for the purposes of considering his claim for promotion was decreed by the learned trial court. The appeal filed by the defendant- appellant having been dismissed by the learned Addl. District Judge, Chandigarh, it has approached this Court through the present second appeal.

(2.) Mr. Tiwari, learned counsel for the appellant submits that the plaintiff-respondent had transported 500 metric tons of cement from Kandla port to Kotla Power House by road @ Rs.394-50 per M.T. Another Organisation in the State of Punjab viz. PUNSUP had transported cement from Kandla @ Rs.332.00 per MT. As such, the plaintiff- respondent had caused a loss of Rs.31,187-50 to the Govt. In view of the negligence of the respondent, the action of the State Govt, in imposing the penalty of censure was absolutely just and fair. On the other hand, Mr. Mahajan, learned counsel for the respondent has submitted that on account of the urgent nature of work being carried out at the Kotla Power House, it was necessary to transport cement without any delay. The officer had been sent to Kandia port under the instructions of the then Superintending Engineer. In this situation, the plaintiff-respondent could not be accused of having been negligent.

(3.) Counsel for the parties have been heard. The record of the trial court had been sent for. It has been perused.