GIAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per pleadings on record, petitioner while serving on the post of Inspector, Cooperative Societies, State of Punjab was imposed a major penalty of stoppage of 4 annual increments with cumulative effect vide order dated 27.10.2008 passed by the Registrar, Cooperative Societies, Punjab (Annexure P-6).

(2.) Instant writ petition has been filed seeking a mandamus to direct the respondents to release the increments that had been stopped along with interest on the premise that in the criminal trial that the petitioner had faced, he has earned acquittal by virtue of judgment dated 14.01.2015 passed by the trial Court (Annexure P-9).

(3.) Counsel would vehemently contend that the major penalty of stoppage of 4 annual increments with cumulative effect was in pursuance to a departmental inquiry having been initiated. On the same very set of allegations, the department had got an FIR registered and in the trial that has ensued, the petitioner has earned acquittal. It is urged that on account of earning acquittal in the criminal proceedings, the basis of imposition of the post of Inspector under the Cooperation Department, an major penalty of stoppage of 4 annual increments with cumulative effect ceases to exist and as such the petitioner is vested with a right to be granted back the entire financial benefits in the shape of increments that had been withheld in terms of order dated 27.10.2008 at Annexure P-6.