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NAMIT KUMAR
State of Punjab – Appellant
Versus
Harbans Singh – Respondent
JUDGMENT
Mr. Namit Kumar, J.
This Regular Second Appeal is directed against the judgment and decree dated 04.03.1991, passed by the Court of learned Senior Sub Judge, Ferozepur, whereby suit for declaration filed by the respondent-plaintiff was decreed as well as against the judgment and decree dated 18.05.1993, passed by the Court of learned Additional District Judge, Ferozepur, whereby appeal preferred by the appellant-defendant against the judgment and decree dated 04.03.1991, has been dismissed.
2. For convenience sake, reference to parties is being made as per their status in the civil suit. Brief facts of the case are that plaintiff filed a suit for declaration to the effect that order dated 15.04.1985, vide which he was reduced to time scale by five increments by the General Manager, Punjab Roadways, Ferozepur, is illegal, null and void and not binding on him. It was pleaded that plaintiff was employed as Conductor in the Punjab Roadways, Ferozepur Depot and he is governed by Punjab Civil Services (Punishment and Appeal) Rules, 1970.
3. Upon notice, defendants appeared and filed written statement denying the allegations and claim of the plaintiff. It was stated that punishment
The inquiry officer's failure to adhere to procedural rules invalidated the punishment order, necessitating remand for a fresh inquiry rather than reinstatement.
The court upheld the validity of the departmental inquiry, emphasizing adherence to procedural rules and the principle that courts should not interfere with factual findings unless they are perverse.
A suit challenging disciplinary orders is barred by limitation if not filed within three years, and due process must be followed by the employer in disciplinary actions.
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
Forfeiture of approved service is invalid if absence is treated as leave without pay, violating natural justice principles.
Even void orders must be challenged within the prescribed limitation period; failure to do so results in the suit being barred.
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