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2024 Supreme(P&H) 2043

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Vijay Kumar – Appellant
Versus
Punjab State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Sehgal, Addl. A.G., Punjab.

JUDGMENT :

Namit Kumar, J.

This Regular Second Appeal is directed against the judgment and decree dated 15.01.1993 passed by the Court of learned District Judge, Faridkot, whereby appeal preferred by the respondent State against the judgment and decree dated 30.04.1991 passed by the Court of learned Sub Judge 3rd Class, Moga, vide which the suit of the appellant-plaintiff for declaration was decreed, has been accepted and suit of the appellant-plaintiff has been dismissed.

2. For convenience sake, reference to parties is being made as per their status in the civil suit. The brief facts of the case are that the plaintiff was working as conductor in Punjab Roadways at Moga. The General Manager, Punjab Roadways, Moga vide order dated 28.5.1981 imposed upon the plaintiff the penalty of withholding of two annual increments with cumulative effect. It was pleaded by the plaintiff that no enquiry was conducted against him. The show cause notice is illegal, wrong and defective in nature. Copies of documents were not supplied along with the show cause notice. No personal hearing was given to the Plaintiff. The impugned order is alleged to be cryptic and non- speaking. Notice under Section 80 CP

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