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NAMIT KUMAR
Dalip Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J.
This Regular Second Appeal is directed against the judgment and decree dated 28.08.1993 passed by the Court of learned Additional District Judge, Faridkot, whereby appeal filed by the respondent-State has been accepted and suit filed by the plaintiff-appellant stands dismissed.
2. For convenience sake, reference to parties is being made as per their status in the civil suit. Briefly stated, Plaintiff filed a suit for declaration to the effect that the order dated 01.09.1987, passed by the General Manager, Punjab Roadways, Moga, by virtue of which his three annual increments with cumulative effect were stopped was illegal, ultra vires, wrong, null and void. It was submitted in the plaint that plaintiff is employed as a conductor in the Department of Transport, Punjab Roadways, Moga and he is a civil servant and as such he is entitled to protection under Punjab Civil Services (Punishment and Appeal) Rules 1970 and Article 311 of the Constitution of India. The plaintiff was placed under suspension by the General Manager, Punjab Roadways, Moga and a charge-sheet was served upon him. The plaintiff filed reply to the charge-sheet, in which he denied all the all
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.
The inquiry officer's failure to adhere to procedural rules invalidated the punishment order, necessitating remand for a fresh inquiry rather than reinstatement.
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.
The court upheld the dismissal of the petitioner, affirming that the inquiry was conducted fairly and in accordance with legal principles, with no grounds for interference.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and cross-examination, or they may be deemed invalid.
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