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1992 Supreme(SC) 773
SUPREME COURT OF INDIA
BEFORE S. RANGANATHAN AND N.P. SINGH, JJ.
MOHINDER SINGH
Versus
STATE OF PUNJAB AND OTHERS
Civil Appeal No. 187 of 1988
Decided on 21-10-1992
Important Points
Subject
Administrative Law - Employment Law
Headnote
Increments - Minor Penalty - Interpretation of Regulations 8 and 9 of the Punjab Civil Services Rules
Fact of the Case:
The High Court held that slopping of increments with cumulative effect was a minor penalty and disposed of the second appeal on that ground. However, a recent judgment overruled the previous decision, stating that the punishment sought to be imposed was a major penalty, requiring an enquiry in terms of Regulations 8 and 9 of the Punjab Civil Services Rules.
Finding of the Court:
The Court set aside the order of the High Court and remanded the matter for fresh disposal in the light of the recent decision, emphasizing the need for expeditious resolution due to the age of the case. No costs were awarded.
Issues: Interpretation of minor and major penalties under the Punjab Civil Services Rules
Ratio Decidendi: The recent judgment overruled the previous decision, establishing that the punishment sought to be imposed was a major penalty, necessitating an enquiry in accordance with Regulations 8 and 9 of the Punjab Civil Services Rules.
Final Decision: The appeal was disposed of accordingly, with the matter remanded to the High Court for fresh disposal.
ORDER
1. We have heard both the learned counsel. The High Court held on the strength of the Division Bench decision in Sarvan Singh v. State of Punjab,AIR 196S AP 194 that Slopping of increments with cumulative effect was a minor penalty and disposed of second appeal on that ground.
2. It has been brought to our notice that in a recent judgment in the case of Kulwant Singh Gill v. State of Punjab{ILR (1985) 2 P&H 1930}, this Court has taken a different view and overruled the decision in Sanvan Singh case{AIR 1968 AP 194}. Consequently, the punishment sought to be imposed on the petitioner was not a minor penalty but a major one, and an enquiry should have been held in terms of Regulations 8 and 9 of the Punjab Civil Services Rules. In the circumstances, we set aside the order of the High Court and remand the matter to the High Court for being disposed of afresh in the light of this Courts decision. We have no doubt that as the matter is an old one, the High Court will dispose of the matter as expeditiously as possible. The appeal is disposed of accordingly. There will be no order as to costs.
For Citation: 1995 Supp(4) SCC 433
