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1998 Supreme(P&H) 428

SWATANTER KUMAR
Pepsu Road Transport Corporation – Appellant
Versus
Gopal Krishan – Respondent


Judgment

Swatanter Kumar, J.

1. This Regular Second Appeal is directed against the judgment and decree passed by the learned 1st Appellate Court dated 6.4.1996. The facts giving rise to the appeal fall in a very small compass are as under:-

2. Plaintiff Gopal Krishan respondent herein who was working as conductor with Pepsu Road Transport Corporation had filed a suit seeking declaration to the effect that the order dated 26.3.1992 passed by the General Manager was illegal, void, not binding upon the plaintiff. Vide this order respondent No. 2 in disciplinary proceedings had passed an order of punishment directing stoppage of four annual increments with cumulative effect and also that the plaintiff would not be entitled to receive any salary in excess of subsistence allowance already paid during suspension period. Consequently, the plaintiff prayed for payment of all benefits with interest at the rate of 12% per annum. The suit was contested by the defendants-appellants herein. The plea with regard to non-maintainability of the suit was taken. On merits, it was stated that the plaintiff was held guilty on the basis of departmental enquiry conducted in furtherance to the charge-sheet










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