STATE OF PUNJAB AND ANOTHER Vs. DINA NATH

JUDGEMENT

(1.) This appeal is directed by the State of Punjab and another against the judgment and decree dated 20.12.1985 passed by Shri M.L. Singhal, the then Additional District Judge, Gurdaspur vide which he accepted the appeal and dismissed the suit for declaration, for declaring impugned order dated 4.5.1984 as illegal, filed by the plaintiff after setting aside the judgment and decree dated 24.7.1985 delivered by Shri Dalip Singh, the then Sub Judge Ist Class, Pathankot.

(2.) The plaintiff filed a suit for a declaration impugning order dated 4.5.1984 passed by defendant No.2 for with-holding five annual increments with cumulative effect from the pay of the plaintiff.

(3.) The plaintiff was appointed as a driver in Punjab Roadways, Pathankot in the year 1966 under the control and supervision of defendant No. 2. He was served with show cause notice on 27.3.1983. It is alleged that the enquiry conducted by the Enquiry Officer was illegal and against the principles of natural justice as the Enquiry Officer did not make the plaintiff aware regarding the right of having the assistance of a legal practitioner or a co- worker. The Enquiry Officer maneuvered to get the signatures of the plaintiff on certain papers without explaining the nature of the alleged charges. In this way, the Enquiry Officer played the role of the Prosecutor. Ultimately, the Punishing Authority has passed impugned order dated 4.5.1984. The same had been challenged in the suit.