Rakesh Garg, J. - (1.) CM No. 8011 -C of 2011
(2.) APPLICATION is allowed subject to all just exceptions and on the consent of the parties, main appeal is taken on board. RSA No. 2196 of 2009 (O & M) Plaintiff -respondent filed a suit for declaration in the following manner: Claim a decree for declaration that the order dated 29.10.2004 passed by the Managing Director UHBVN Panchkula whereby two annual increments of the plaintiff have been stopped without future effect is illegal, null and void etc. and liable to be set aside. A consequential relief of mandatory injunction to direct the defendant to restore the increments and to make payment of arrears to him along with interest @ 18% per annum has also been sought. Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the plaintiff. The said suit was decreed in the following manner: It is ordered that the suit of the plaintiff is decreed with costs and the order dated 29.10.2004 passed by the Managing Director UHBVN Panchkula stopping two annual increments of the plaintiff without cumulative effect is set aside. The increments stopped vide this order are ordered to be released to the plaintiff forthwith. It is, however, made clear here that defendant shall be at liberty to conduct an enquiry against the plaintiff with reference to the charge sheet dated 2.4.2002 as per rules and to impose any penalty which it deems fit in accordance with law. The appeal filed by the defendant -appellant against the aforesaid judgment and decree of the trial Court was dismissed by the first appellate Court.
(3.) THE instant appeal has been filed on behalf of the defendant challenging the aforesaid judgments and decrees of the courts below.;