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1995 Supreme(P&H) 396

N.K.SODHI
Kuldip Singh – Appellant
Versus
Pepsu Road Transport Corporation – Respondent


Judgment

N. K. Sodhi, J.

1. Kuldip Singh -appellant was working as a driver with Pepsu Road Transport Corporation. He is alleged to have assaulted a fellow worker and also caused some damage to the room in which the latter was working. By an order passed on October 1, 1987 he was awarded a punishment whereby his four annual increments with cumulative effect were stopped and his pay and allowances other than subsistence allowance were forfeited. He filed a suit for a declaration that the order of punishment was illegal, unconstitutional and against the principles of natural justice. The suit was contested on behalf of the Corporation and it was pleaded that the impugned order was perfectly legal and was passed after holding a regular departmental enquiry against the plaintiff in which he was given full opportunity to defend himself. It was also pleaded that a copy of the enquiry report was supplied to the delinquent and a notice was also given to him to show cause why the penalty of dismissal be not imposed on him. It was further pleaded that instead of awarding the extreme punishment of dismissal from service, a lenient view was taken whereby his four annual increments with cumulati


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