STATE OF PUNJAB AND OTHERS Vs. LEKH RAJ

JUDGEMENT

(1.) In the instant appeal and cross-objection, State of Punjabappellants have questioned the validity of the Appellate Court order whereas, respondent Lekh Raj has questioned the Appellate Court order insofar as challenge to orders dated 26.08.1982 and 28.1.1982.

(2.) Respondent-Lekh Raj while working with the appellants was subjected to 6 disciplinary proceedings. In all the 6 proceedings, he was punished by imposing various penalties like withholding of increments with cumulative effect and without cumulative effect. Feeling aggrieved by the penalty orders, respondent-Lekh Raj filed a suit challenging 6 orders dated 24.11.1981, 26.08.1982, 28.01.1982, 24.09.1982, 13.10.1982 and 05.03.1987. During pendency of the suit appellants are stated to have withdrawn the penalty order dated 24.09.1982. Suit was decreed in part which reads as under:-

(3.) Learned counsel for the appellant submitted that suit was barred by limitation in respect of the orders of penalty which were challenged by the respondent-Lekh Raj, whereas, Trial Court entertained suit in respect of some orders and so also by the Appellate Court. Hence, the present appeal. It was also submitted that both the Trial and Appellate Court exceeded their jurisdiction in entertaining the respondent's grievance which were highly belated challenge to penalty orders. It was also submitted that respondentLekh Raj without exhausting the remedy of appeal under the disciplinary and appeal rules, he has challenged the punishment orders. Therefore, both the Trial and Appellate Court have erred in extending benefits partially.