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2007 Supreme(P&H) 2114

PERMOD KOHLI
Secretary To Govt. , Punjab, Transport Department, Chandigarh – Appellant
Versus
Amar Nath – Respondent


Judgment

Permod Kohli, J.

1. The plaintiff, respondent herein, was imposed penalty of stoppage of seven increments vide order No. 260/ TA dated 11-08-1977; Order No. 1166 dated 31-3-1978; order No. 207/TA dated 8-8-1977; order No. 2662/TA dated 20-10-77 and order No. 147/TA dated 19-1-1977, passed by the General Manager, Punjab Roadways, Jalandhar Depot. Validity of these orders was challenged in the suit instituted in the Court of learned Sub Judge, Jalandhar, primarily, on the grounds of non observance of the statutory rules viz. inter-alia, without holding disciplinary enquiry and non observance of the principle of natural justice. The appellants herein, resisted the suit on the grounds that the same is barred by limitation and suffers from misjoinder of cause of action.

2. The learned trial Court framed the following issues :

1. Whether the order dated 11-8-70, 31-3-78, 8-8-77, 20-10-77 and 19-1-77, are illegal, null and void as alleged in the plaint ? OPP

2. Whether the suit is barred by limitation ? OPD

3. Whether the suit is bad for misjoinder of cause of action ? OPD

4. Relief.

3. The trial Court found that the punishment of withholding of seven increments with cumulative ef

























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