MAKHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THE appellant lays challenge to the judgment and decree, passed by the Additional District Judge, Gurdaspur, accepting the appeal filed by the respondents, reversing the judgment and decree passed by the trial Court and as a consequence dismissing his suit. The appellant filed a suit praying that his salary should be correctly fixed as annual increments have not been added to his salary. It was asserted that the appellant was eventually informed that, - -vide orders dated 1st August, 1978, 29th August, 1978 and 27th December, 1978, separate punishments of stoppage of one increment each, with cumulative effect, were imposed and he was, therefore, not entitled to re -fixation of his salary. The appellant also prayed that as these orders were passed without service of a show cause notice and or the holding of a departmental enquiry they be quashed as illegal and void. The respondents, in addition to other pleadings, asserted that as the orders of punishment were passed in the year 1978, the suit filed in the year 1994 was barred by time.

(2.) ON the basis of the pleadings, the learned trial Court framed the following issues: - -

(3.) THE respondents filed an appeal before the Additional District Judge, Gurdaspur. Pursuant to judgment dated 11th February, 1985, the first appellate court accepted the appeal reversed the trial court's judgment and dismissed the suit on the ground that the suit was barred by time. The first appellate court held that though, the orders of punishment were void, but as they had to be challenged within a period of three years, the suit was barred by time. The appellant's submission that the orders of punishment were never communicated to him was negatived by raising a presumption that the order must have been communicated as there was note beneath the orders of punishment that the orders be communicated to the appellant.