Judgment

K. RAMASWAMY, J.

(1) THIS appeal by special leave is against the judgment and decree dated 18/02/1986 in Second Appeal No. 3204 of 1984 of Punjab and Haryana High court at Chandigarh. The appellant/plaintiff while he was working as Inspector, Food and Supplies at Algaon, the Director, Food and Supplies, Punjab on 10/06/1976 visited the place and found him to have purchased sub-standard wheat a landing him in receiving a charge-sheet on 29/06/1976 for his misconduct. The appellant had submitted his explanation. Rules 8 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 for short the Rules envisage the procedure to conduct an enquiry into the misconduct. But the disciplinary authority, on consideration of the explanation found that the appellant committed a minor misconduct. Accordingly by order dated 12/04/1977 directed stoppage of two increments with cumulative effect. The appellant laid the suit for a declaration that the offending order amounts to major penalty and imposition thereof without conducting enquiry as enjoined under Rules 8 and 9 is illegal. On contest by the respondent State, the trial court held that the impugned ord