STATE OF PUNJAB Vs. KULWANT SINGH

JUDGEMENT

(1.) CM 2439-C of 1998 was filed by the applicant-respondent with a prayer that this case is covered by the judgments of this Court in RSA 1872 of 1996 decided on 12.9.1996 titled as State of Punjab and another v. Baldev Singh and RSA No. 2103 of 1995, decided on 30.4.1996 titled as Punjab State v. Hansa Singh. As such, the appeal be disposed of in terms of that judgments.

(2.) Court heard the learned counsel for the parties on this application and with the consent of the learned counsel for the parties regular second appeal itself was heard on merits.

(3.) It would be necessary to give bare minimum facts for disposal of the appeal. Kulwant Singh plaintiff filed the suit against State of Punjab to the effect that the order bearing endorsement No. 2521-23/GM passed in the year 1990 by the General Manager stopping four annual grade increments with future effect and the order bearing No. 2521-23/GM treating the period from 29.11.1978 to 18.9.1981 as no work, no pay and not allowing allowances, are illegal, wrong, without jurisdiction and contrary to the provisions of Punjab Civil Service (Punishment and Appeal) Rules. The plaintiff worked as driver in the Punjab Roadways. He contended that the said Authority has no authority under the rules to pass the impugned orders. The suit was contested by the defendants on the gound that Punishing Authority had jurisdiction to pass the impugned orders. It was further contended that enquiry proceedings were not void as show cause notice was issued by competent Authority and the orders were passed in accordance with rules.