KULWANTSINGHGILL Vs. STATE OF PUNJAB
LAWS(SC)-1990-9-54
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 13,1990

Kulwantsinghgill Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

SARWAN SINGH V. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

DHARAMPAL ARORA VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(SC)-2006-11-191] [REFERRED TO]
DHARAMPAL ARORA VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(SC)-2006-11-2] [REFERRED TO]
R S YADAV VS. INDIAN INSTITUTE OF TECHNOLOGY [LAWS(DLH)-1992-2-1] [REFERRED TO]
V K GARG VS. GOVERNOR [LAWS(DLH)-2007-3-166] [REFERRED TO]
MUNIRUL HAQUE SIDDIQUI VS. STATE OF U P [LAWS(ALL)-1998-8-6] [REFERRED TO]
KANHAIYA LAL KHATRI KAMLA PRASAD VS. COMMISSIONER VARANASI DIVISION AND THE DISTRICT MAGISTRATE ADMINISTRATOR [LAWS(ALL)-2005-8-227] [REFERRED TO]
UMED RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2010-7-109] [REFERRED TO]
SHRAVAN KUMAR PURWAR VS. INSPECTOR GENERAL REGISTRATION U P ALLAHABAD [LAWS(ALL)-2006-12-189] [REFERRED TO]
K RAMANAIAH VS. DEPOT MANAGER APSRTC KANIGIRI [LAWS(APH)-1996-7-105] [REFERRED TO]
K NARAYANA REDDY VS. MANAGING DIRECTOR A P CO OP CENTRAL AGRL DEVELOPMENT BANK LTD [LAWS(APH)-1997-2-60] [REFERRED TO]
LALIT PRASAD SHUKLA VS. STATE OF U P [LAWS(ALL)-2012-2-45] [REFERRED TO]
LALIT PRASAD SHUKLA VS. STATE OF U P [LAWS(ALL)-2012-2-45] [REFERRED TO]
RAJAMALLAIAH V VS. HIGH COURT OF ANDHRA PRADESH [LAWS(APH)-2001-4-42] [REFERRED TO]
G JAWAHARLAL VS. CHAIRMAN AND MANAGING DIRECTOR RURAL ELECTRIFICATION CORPN LTD [LAWS(APH)-2003-2-99] [REFERRED TO]
MURLIDHAR SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-1998-9-159] [REFERRED TO]
RADHAKRISHNA TRIVEDI VS. M P STATE WAREHOUSING CORPORATION [LAWS(MPH)-1995-1-12] [REFERRED TO]
SAHADEVAN VS. STATE OF KERALA [LAWS(KER)-1997-7-37] [REFERRED TO]
STATE BANK OF BIKANER AND JAIPUR VS. PRABHU DAYAL GROVER [LAWS(SC)-1995-9-36] [DISTINGUISHED]
MOHINDERSINGH VS. STATE OF PUNJAB [LAWS(SC)-1992-10-38] [REFERRED TO]
EXECUTIVE DIRECTOR SYNDICATE BANK VS. K C ARYA [LAWS(SC)-1994-8-85] [REFERRED]
VEERPAL SINGH S O SHRI BISHUN LAL VS. SENIOR SUPERINTENDENT OF POLICE [LAWS(ALL)-2006-5-235] [REFERRED TO]
PUSHKARAN VS. STATE OF KERALA [LAWS(KER)-2005-5-25] [REFERRED TO]
K C ARYA VS. UNION OF INDIA UOI [LAWS(P&H)-1993-1-4] [REFERRED TO]
STATE OF PUNJAB VS. RAJ KUMAR BIALA [LAWS(P&H)-1995-3-84] [REFERRED TO]
RANG NATH RAI VS. STATE OF BIHAR [LAWS(PAT)-1996-7-23] [REFERRED TO]
BACHCHAN PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-2000-5-18] [REFERRED TO]
RAJ KUMAR MEHROTRA VS. STATE OF BIHAR [LAWS(PAT)-2001-4-64] [REFERRED TO]
PRAMOD NARAYAN ACHAL VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2002-4-64] [REFERRED TO]
RAMKESHWAR RAM VS. STATE OF BIHAR [LAWS(PAT)-2004-3-49] [REFERRED TO]
DEO BARAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2005-3-33] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. K CHAMY [LAWS(KER)-1998-7-2] [REFERRED TO]
BALAGOPAL VS. STATE OF KERALA [LAWS(KER)-1999-11-38] [REFERRED TO]
NANDKUMAR VS. CHIEF CONSERVATOR OF FORESTS [LAWS(KER)-2003-6-4] [RELIED ON]
R S NAYAN VS. CHHATTISGARH STATE WAREHOUSING CORPORATION [LAWS(CHH)-2010-6-10] [FOLLOWED ON]
SATYA NARAIN VS. UCO BANK [LAWS(RAJ)-2003-11-41] [REFERRED TO]
JAGDISH CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-5-67] [REFERRED TO]
RAGHAVENDRA RANJAN DAS VS. CENTRAL BANK OF INDIA [LAWS(MPH)-2012-6-153] [REFERRED TO]
M. DEVAKI VS. STATE [LAWS(KER)-1994-9-37] [REFERRED TO]
TARSEM SINGH VS. PUNJAB STATE [LAWS(P&H)-2012-2-56] [REFERRED TO]
DAMODARAN, K. K. VS. STATE OF KERALA [LAWS(KER)-2004-2-61] [REFERRED TO]
APSRTC VS. CH SRINIVASULU [LAWS(APH)-2013-4-100] [REFERRED TO]
SANJEEV ARYA VS. HIGH COURT OF PUNJAB AND HARYANA [LAWS(P&H)-2013-12-41] [REFERRED TO]
UMED SINGH RANAWAT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-12-38] [REFERRED TO]
SHYAM SUNDER SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2001-4-70] [REFERRED TO]
T.L. SINGLA VS. STATE OF PUNJAB [LAWS(P&H)-2012-9-72] [REFERRED TO]
SUKHDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-8-55] [REFERRED TO]
RAJENDRA KISHORE VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-4-11] [REFERRED TO]
NITYA NAND SINHA VS. GOVERNMENT OF INDIA [LAWS(JHAR)-2013-4-92] [REFERRED TO]
Mahabir Singh VS. State of Jharkhand [LAWS(JHAR)-2010-10-28] [REFERRED TO]
Gokul Chandra Mahto VS. State of Jharkhand [LAWS(JHAR)-2012-9-218] [REFERRED TO]
Satyendra Kumar Pandey VS. State of Jharkhand [LAWS(JHAR)-2013-9-99] [REFERRED TO]
Praveen Kumar Gagrai VS. State of Jharkhand [LAWS(JHAR)-2010-10-35] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. RAJ KUMAR GOEL [LAWS(P&H)-2013-7-149] [REFERRED]
MUKESH PRASAD SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-4-44] [REFERRED TO]
VIDYA DEVI SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-7-8] [REFERRED TO]
MAHABIR PRASAD VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2014-7-248] [REFERRED TO]
CONSTABLE RAJINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-7-557] [REFERRED TO]
RANGANATHAN, T.M. VS. STATE OF KERALA [LAWS(KER)-1995-9-40] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. RAJ KUMAR GOEL [LAWS(SC)-2014-8-84] [REFERRED TO]
JINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1993-7-124] [REFERRED TO]
KARTAR SING VS. STATE OF HARYAN [LAWS(P&H)-2011-9-103] [REFERRED TO]
B L GROVER, S D O VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1995-11-103] [REFERRED TO]
STATE OF PUNJAB VS. NIRANJAN SINGH [LAWS(P&H)-2014-9-27] [REFERRED TO]
HARISH KUMAR VS. DISTRICT AND SESSIONSJUDGE [LAWS(DLH)-2014-9-322] [REFERRED TO]
UMESH KUMAR SRIVASTAVA VS. UNION OF INDIA [LAWS(CA)-2014-7-37] [REFERRED TO]
SANJAY KUMAR TIWARY VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2013-11-80] [REFERRED TO]
RAJKUMAR RACHANDANI VS. THE STATE OF M.P. [LAWS(MPH)-2015-1-45] [REFERRED TO]
BANESHWAR RABIDAS VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2013-5-128] [REFERRED TO]
DUKH HARAN PRASAD VS. STATE OF U P [LAWS(ALL)-2015-3-126] [REFERRED TO]
STATE OF PUNJAB VS. JASWANT SINGH KANWAR [LAWS(SC)-2013-7-204] [REFERRED TO]
SUBHRA GUPTA VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-3-96] [REFERRED TO]
ASHOK KUMAR SAGAR VS. HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR GENERAL AND ANR. [LAWS(ALL)-2011-4-548] [REFERRED TO]
VIKAS KUMAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-4-579] [REFERRED TO]
RANJAN KUMAR VS. THE UNION OF INDIA (UOI), [LAWS(JHAR)-2010-1-162] [REFERRED TO]
N K KARANGIA VS. STATE OF GUJARAT [LAWS(GJH)-2012-8-406] [REFERRED TO]
YOG RAJ MITTAL, SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2008-2-307] [REFERRED TO]
SHUKDEO SUBODH GANDHI VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-9-110] [REFERRED TO]
CONSTABLE LAL SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2001-3-131] [REFERRED TO]
ABDUL BASIT VS. STATE OF PUNJAB [LAWS(P&H)-2001-9-104] [REFERRED TO]
ABDUL BASIT VS. STATE OF PUNJAB [LAWS(P&H)-2001-6-13] [REFERRED TO]
K. RAMACHANDRAN AND RAJEEV MOHAN VS. UNITED COMMERCIAL BANK AND ORS. [LAWS(JHAR)-2002-8-137] [REFERRED TO]
KRISHAN KUMAR RATHEE VS. THE STATE OF HARYANA [LAWS(P&H)-1991-5-129] [REFERRED TO]
SHAM LAL VS. DISTRICT AND SESSIONS JUDGE, FEROZEPUR [LAWS(P&H)-1994-3-95] [REFERRED]
PRITAM SINGH VS. HARYANA STATE ELECTRICITY BOARD [LAWS(P&H)-1994-12-92] [REFERRED]
DIGAMBER SINGH VS. HARYANA STATE ELECTRICITY BOARD AND ANOTHER [LAWS(P&H)-1994-8-97] [REFERRED TO]
SMT. TRIPTA KUMARI VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2011-7-271] [REFERRED]
THE DEPOT MANAGER, APSRTC VS. P.YADAGIRI AND ANOTHER [LAWS(APH)-2016-9-22] [REFERRED TO]
S.A. QUIDWAI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-12-248] [REFERRED TO]
RAJA RAM MAHATO VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-8-78] [REFERRED TO]
ABDUL KHALIQUE HUSSAIN SON OF LATE AABID HUSSAIN, RESIDENT OF DHANGAR TOLI, WARD NO.2, CHATRA, P.O. AND P.S. CHATRA, DISTRICT CHATRA; AT PRESENT POSTED AS REVENUE KARMCHARI, AT AND P.O. MAUREHANT, P.S. ITKHORI, DISTRICT CHATRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-11-3] [REFERRED TO]
RAJ KUNWAR SINGH VS. SETTLEMENT OFFICER (CONSOLIDATION), AZAMGARH AND OTHERS [LAWS(ALL)-1993-2-105] [REFERRED TO]
DHANRAJ & OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-364] [REFERRED]
VINOD KUMAR VS. PUNJAB BACKWARD CLASSES LAND DEVELOPMENT AND FINANCE CORPORATION & OTHERS [LAWS(P&H)-2003-1-201] [REFERRED]
STATE OF PUNJAB VS. DILDAR SINGH [LAWS(P&H)-2006-5-505] [REFERRED]
SAYED IFTAIKHAR ALI RIZVI VS. OFFICE OF DISTRICT & SESSIONS JUDGE, KATNI AND OTH [LAWS(MPH)-2012-7-350] [REFERRED]
SHASHI KANT SINGH SON OF LATE RAM NARESH SINGH, RESIDENT OF VILLAGE SADOKHAR VIA CHENARI DISTRICT ROHTAS (BIHAR) A/P KUMARDHUBI STATION ROAD SARORA PAHARI P.O. KUMARDHUBI P.S. CHIRKUNDA DISTRICT DHANBAD VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-10-10] [REFERRED TO]
GIANI RAM VS. STATE OF HARYANA [LAWS(P&H)-2010-9-573] [REFERRED]
ER HARI SINGH SOHI VS. POWERCOMM AND OTHERS [LAWS(P&H)-2013-1-672] [REFERRED]
STATE OF PUNJAB VS. KIRPAL SINGH AND ANOTHER [LAWS(P&H)-2013-9-832] [REFERRED]
STATE OF PUNJAB VS. BALBIR SINGH [LAWS(P&H)-2014-9-353] [REFERRED]
SECRETARY TO GOVT PUNJAB, TRANSPORT DEPARTMENT AND ORS VS. AMAR NATH AND ANR [LAWS(P&H)-2007-12-159] [REFERRED]
SWARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-512] [REFERRED]
GURCHRAN SINGH CONDUCTOR VS. STATE OF PUNJAB [LAWS(P&H)-2013-4-700] [REFERRED]
STATE OF HARYANA VS. NARESH KUMAR [LAWS(P&H)-1990-12-123] [REFERRED]
HARI SINGH (DRIVER NO 61) VS. STATE OF PUNJAB [LAWS(P&H)-1991-9-175] [REFERRED]
JOGINDER SINGH VS. PUNJAB STATE TUBEWELL CORP LTD [LAWS(P&H)-1993-8-234] [REFERRED]
ROHTAS SINGH MALIK VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-1995-1-231] [REFERRED]
NACHHATAR SINGH VS. PUNJAB STATE [LAWS(P&H)-1996-9-215] [REFERRED]
HARBANS SINGH UPPAL VS. STATE OF PUNJAB [LAWS(P&H)-1996-9-239] [REFERRED]
LAL SINGH(CONSTABLE) VS. STATE OF PUNJAB [LAWS(P&H)-2001-3-214] [REFERRED]
PARTAP SINGH VS. STATE OF HARYANA [LAWS(P&H)-2001-10-204] [REFERRED]
R S DHULL VS. STATE OF HARYANA [LAWS(P&H)-2003-2-307] [REFERRED]
HUKAM CHAND VS. STATE OF HARYANA [LAWS(P&H)-2006-9-345] [REFERRED]
MALKIAT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2007-8-225] [REFERRED]
STATE OF PUNJAB AND ANOTHERS VS. JAGIR SINGH [LAWS(P&H)-2008-1-309] [REFERRED]
BALWANT SINGH BHANDAIR VS. REGISTRAR [LAWS(P&H)-2010-4-540] [REFERRED]
UNION OF INDIA VS. T. A. RAMAKRISHNAN [LAWS(KER)-2017-6-70] [REFERRED TO]
G. ALAGARSAMY VS. TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) [LAWS(MAD)-2017-6-139] [REFERRED TO]
UNION OF INDIA VS. T.A.RAMAKRISHNAN [LAWS(KER)-2017-6-140] [REFERRED TO]
D.C. UPADHYAY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-69] [REFERRED TO]
STATE OF U P THROUGH PRINCIPAL SECRETARY JAIL AND ANOTHER VS. R K TRIPATHI AND ANOTHER [LAWS(ALL)-2017-4-370] [REFERRED TO]
STATE OF U P THRU SECRETARY AGRICULTURE & ORS VS. SABHAJIT SINGH S/O SADAFAL SINGH & ANR [LAWS(ALL)-2017-3-431] [REFERRED TO]
DR. NILKANTH DHYANOBA JOGDANDE VS. DR. PANJABRAO DESHUMUKH KRISHI VIDYAPEETH [LAWS(BOM)-2019-7-124] [REFERRED TO]
UDAY KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-4-146] [REFERRED TO]
STATE OF JHARKHAND VS. DINESH PRASAD SINGH [LAWS(JHAR)-2018-12-147] [REFERRED TO]
KAMAL DEO NARAYAN SINGH VS. BIHAR STATE POLLUTION CONTROL BOARD [LAWS(JHAR)-2019-8-35] [REFERRED TO]
VINOD KUMAR KADYAN VS. HONBLE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH [LAWS(P&H)-2019-11-330] [REFERRED TO]
S. I. C. LALRAMTLUANGA VS. STATE OF MIZORAM [LAWS(GAU)-2020-2-52] [REFERRED TO]
RATAN SINGH SILAWAT VS. STATE OF M.P. [LAWS(MPH)-2020-9-15] [REFERRED TO]
U.P.S.R.T.C. VS. INDRAPAL KORI [LAWS(ALL)-2019-7-440] [REFERRED TO]
ANIL KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-2-38] [REFERRED TO]
MOHAMMED ZAHEER VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-166] [REFERRED TO]
TOMIN SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-12-60] [REFERRED TO]
SIBI THOMAS VS. KERALA STATE ELECTRICITY BOARD VAIDUTHI BHAVANAM [LAWS(KER)-2021-3-215] [REFERRED TO]
RAJESH SINGH SHRIVASTAVA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-8-19] [REFERRED TO]
B.LAXMA REDDY VS. APSRTC [LAWS(TLNG)-2022-2-39] [REFERRED TO]
K.M.MISHRA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-8-75] [REFERRED TO]


JUDGEMENT

- (1.)This appeal by special leave is against the judgment and decree dated 18/02/1986 in Second Appeal No. 3204 of 1984 of Punjab and Haryana High court at Chandigarh. Theappellant/plaintiff while he was working as Inspector, Food and Supplies at Algaon, the Director, Food and Supplies, Punjab on 10/06/1976 visited the place and found him to have purchased sub-standard wheat a landing him in receiving a charge-sheet on 29/06/1976 for his misconduct. The appellant had submitted his explanation. Rules 8 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 for short 'the Rules' envisage the procedure to conduct an enquiry into the misconduct. But the disciplinary authority, on consideration of the explanation found that the appellant committed a minor misconduct. Accordingly by order dated 12/04/1977 directed stoppage of two increments with cumulative effect. The appellant laid the suit for a declaration that the offending order amounts to major penalty and imposition thereof without conducting enquiry as enjoined under Rules 8 and 9 is illegal. On contest by the respondent State, the trial court held that the impugned order amounts to major penalty and granted a decree invalidating the order. On appeal, though the District court confirmed, on further second appeal the High court held it to be minor penalty within the meaning of Rule 5 (iv) of the Rules obviating the need to make regular enquiry. Assailing the legality thereof this appeal has been filed.
(2.)The only question that needs decision is whether stoppage of two increments with cumulative effect is a major penalty Admittedly Rules 8 and 9 envisage conducting an enquiry into misconduct after giving an opportunity to the delinquent employee in the manner prescribed therein and on establishing the charge to pass an appropriate order imposing a major penalty prescribed in either clauses (v) to {ix) or minor penalty under clauses (i) to (iv) of Rule 5 of the Rules. If it is a minor penalty indisputably the need to conduct regular enquiry has been dispensed with. Rule 5 prescribes the penalties thus:
"5.Penalties. The following penalties may, for good and sufficient reasons, and as hereinafter provided, be imposed on a government employee, namely: MINOR PENALTIES (i) censure; (ii) withholding of his promotions; (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the government by negligence or breach of orders; (iv) withholding of increments of pay; MAJOR PENALTIES (v) reduction to a lower stage in the time scale of pay for a. specified period, with further directions as to whether or not 507 the government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay; (vi) reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the government employee to the time scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the government employee was reduced and his seniority and pay on such restoration that grade, post or service; (vii) compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the government; (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the government. "

(3.)Clauses (vi) to (ix) are not relevant to the facts of the case.
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