STATE OF HARYANA Vs. SATNAM SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgments and decree dated 14.09.2006, rendered by the Court of Additional Civil Judge (Senior Division), Sirsa, vide which it partly decreed the suit of the plaintiff (now respondent) and the judgment and decree dated 28.11.2008, rendered by the Court of District Judge, Sirsa, vide which it dismissed the appeal.

(2.) The facts, in brief, are that the plaintiff (now respondent) was posted as Conductor No. 253 in Haryana Roadways Sirsa. On account of the acts of omission and commission, charge sheet was served upon the plaintiff (now respondent), to which he filed reply, which was not found to be satisfactory. Ultimately, an enquiry was conducted. The Enquiry Officer found the plaintiff (now respondent) guilty of the charges, levelled against him. Thereafter, a show cause notice was served upon him, alongwith the enquiry report, and he filed representation thereto. The competent authority vide order dated 13.11.2002 imposed penalty of stoppage of one annual increment, with cumulative effect upon the plaintiff, and it was also directed that he will not be paid the pay and allowances for the period of suspension, except the subsistence allowance, already paid to him. The order, aforesaid, was challenged, as illegal null and void, and inoperative against the rights of the plaintiff, on various grounds. It was stated that the defendants were asked many a time, to withdraw the illegal order but to no avail. On their final refusal to accede to the request of the plaintiff, left with no alternative, a suit for declaration and consequential relief was filed.

(3.) The defendants, put in appearance, and contested the suit, by way of filing written statement, wherein, it was averred, that the suit was not maintainable; and that the plaintiff had concealed the true material facts from the Court and, as such, he was not entitled to any relief. It was stated that when checking of the bus of the plaintiff was conducted on 04.02.2002, which was going from Gurgaon to Rohtak, four persons were found travelling without tickets, from Gurgaon to Rohtak. The plaintiff had collected a sum of Rs. 140.00 from them, without issuing tickets. A report was submitted, by the checking staff. The plaintiff was placed under suspension and charge sheet was served upon him. The reply, which was filed by the plaintiff, was not found to be satisfactory. The enquiry was held. During the course of the enquiry, the plaintiff made a statement, that he may be given any punishment except termination of his services. He was reinstated pending enquiry. It was further stated that the order impugned is legal and valid. The remaining averments, were denied, being wrong.