JUDGMENT

Harsimran Singh Sethi, J. (Oral)

CM-1272-C-2023

Present application has been filed for placing on record synopsis in compliance of order dated 13.09.2022 passed by a Coordinate Bench of this Court.

2. Application is allowed. Synopsis are taken on record.

Main Appeals

3. By this common order, above mentioned two regular second appeals, which have arisen out of the common departmental proceedings which were held against both the appellants, are being disposed of.

4. Certain facts need to be mentioned so as to appreciate the controversy in a correct perspective.

5. The appellants in both the appeals were working with the respondent-department of Food and Supply Punjab. Keeping in view certain shortages/misappropriation of stock which were found, departmental proceedings were initiated against the employees concerned including the appellants herein. It has also come on record that due opportunities were given to the delinquent officials by serving them a charge sheet seeking their reply and thereafter an Enquiry Officer was appointed, who had summoned the record and recorded the statement of the witnesses, which witnesses were duly cross-examined by the delinquent officials. As per the enquiry report given by the Enquiry Officer, charges against the charged officials were proved after which, enquiry report was given to them for their comments and after going through the comments received, the impugned orders dismissing both the appellants from service were passed by the punishing authority. The appellants had filed appeals against the order of the punishing authority imposing punishment and after their appeals were dismissed, the appellants filed a civil suit challenging the order of imposing punishment of dismissal from service as well as rejecting their appeal.

6. Civil suits filed by both the appellants were dismissed keeping in view the evidence which had come on record and a finding has been recorded by the trial Court that due opportunity was given by the department to the appellants to defend themselves in the departmental proceedings and it is only after the charges were proved against them, the order of punishment was passed and keeping in view the settled principle of law that Civil Court is not to sit in appeal over the decision of the punishing authority, especially when nothing was brought on record to show that disciplinary proceedings conducted against both the appellants were in violation of the rules governing the service.

7. Aggrieved against the judgment and decree of the trial Court, the appellants have filed appeals before the Lower Appellate Court, which appeals were also dismissed upholding the judgment and decree of the trial Court, hence, the present regular second appeal.

8. Learned counsel for the appellants argues that the enquiry proceedings were conducted in a manner contrary to the rules governing the service. Learned counsel for the appellants further argues that preliminary enquiry report was brought on record but the officer, who conducted the preliminary enquiry was not examined which has caused prejudice to the appellants hence, the final enquiry report and consequent order of punishment as well as order rejecting the appeals of the appellants are liable to be set aside.

9. I have heard learned counsel for the parties and have gone through the record with their able assistance.

10. It may be noticed here that enquiry report has not been challenged by the appellants even in the civil suit though, the grievance is being raised now qua the non-examination of the author of the preliminary report but no s