SWARAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) In the instant appeal, appellant has questioned the validity of appellate Court's order dated 11.02.2014.

(2.) Appellant was subjected to disciplinary proceedings while working as a conductor. Respondent-department had assigned certain targets of collecting money in respect of route between Zira to Milak Kanga. For not reaching the target assigned to appellant, he was subjected to disciplinary proceedings. Disciplinary authority imposed penalty of compulsory retirement. Appellate Authority modified penalty of compulsory retirement to that of withholding of two annual increments with cumulative effect. Further, during the intervening period from the date of compulsory retirement till modification of penalty order i.e. on 20.09.2006, appellant is not entitled to any monetary benefits. Thus, aggrieved by the order of appellate authority, appellant filed a civil suit before trial Court. Suit was decreed in favour of appellant. Respondents preferred an appeal against the decree and order of decree was reversed in part on 11.02014. Hence, present appeal.

(3.) Learned counsel for the appellant vehemently submitted that appellate authority held that charges leveled against appellant were not proved. He has also apprised reasons for not reaching the target by appellant that due to bad condition of old buses of the Punjab Roadways, passengers prefer to travel in private or new buses of other States. Despite these factual aspects, appellant authority modified penalty from compulsory retirement to withholding of two annual increments with cumulative effect and further appellant is not entitled to any monetary benefit during the intervening period, such decision is arbitrary and illegal.