S.P. Goyal, J. - (1.) Respondent Duni Chand filed a suit for recovery of Rs 800 due to him on account of arrears of pay and increments which fell due to him on March 6, 1963, 1964 and 1965 but were not released. The defence set up was that these increment a could be released only after an order allowing him to cross efficiency bar was passed by the competent authority. The objection of the State was overruled by the trial Court and the suit decreed for Rs. 7,76.46. His suit with respect to the remaining amount was held to be barred by time. The decree of the trial Court Was modified, on appeal, by the Senior Sub Judge, Patiala, vide judgment dated May 25, 1971 and the suit with respect to another amount of Rs. 156 was held to be barred by time with the result that the decree in the amount of Rs. 620.46 was only confirmed. Surprisingly the State of Punjab has come up in this second appeal.
(2.) The learned counsel for the appellant has reiterated the objection noticed above but it is not disputed that at the relevant time the withholding of the crossing of the efficiency bar was a minor punishment and could be awarded only after serving show - cause notice on the plaintiff. As neither any show - cause notice was served upon him nor any order passed disallowing the plaintiff to cross the efficiency bar. the two Courts below rightly held that the plaintiff was entitled to the release of the said judgments.
(3.) There is, therefore, no acceptance in this appeal and the same is hereby dismissed. No costs. Appeal dismissed.;