- (1.) Vide Civil Suit No. 182 of 1987 instituted on 20.5.1987, Pritam Singh who was working as Conductor in the Punjab Roadways at the relevant time sought a decree of declaration to the effect that order dated December 26, 1986 passed by the General Manager, Punjab Roadways, Depot No. 1, Jalandhar, thereby stopping his four increments with cumulative effect was illegal being against the mandatory provisions of Punjab Civil Services (Punishment & Appeal) Rules, 1970. After contest the State, the suit was dismissed by the Sub-Judge Ist Class, Jalandhar, vide his judgment and decree dated December 26, 1989. The plaintiff challenged the above said judgment and decree vide R.C.A. No. 207 of 28.9.1989. The learned Additional District Judge, Jalandhar vide his judgment and decree dated 7.8.1990 reversed the findings of the trial Court and decreed the suit of the plaintiff. The State has come up in this Regular Second Appeal impugning the above said judgment and decree of the First Appellate Court.
(2.) I have heard the learned counsel for the parties and considered the pleadings of the parties evidence adduced in the suit and the judgments of both the Courts below. I do not find any fault with the well reasoned judgment of the First Appellate Court.
(3.) The charge-sheet when translated into English would read somewhat as under :- "That on 24/12/85 you were on duty with bus No. 2221. Your bus was checked by Sarvshri Baldev Singh, Bodha Nand Sharma, Ram Singh and Mohan Lal, Inspector at 19.45 P.M. at Tosa while going from Jalandhar to Ropar. Only 27 passengers were travelling in the bus. Out of them 13 passengers were without tickets. You have charged the fare but tickets were not issued to them. Nine passengers were travelling from Nawansahar to Ropar from whom you have charged Rs. 31.50. You have charged Rs. 4.10 from two passengers travelling from Balachaur to Ropar and Rs. 2.40 from two passengers travelling from Kathgarh to Ropar. In this way you collected Rs. 38/- from 13 passengers and had not issued tickets to them. You admitted your fault in the presence of the passengers and handed over the unpunched tickets. In this way, you have been found guilty for committing embezzlement of Government money to the tune of Rs. 38/- and you have been found guilty for violating the rules while on duty. That you, Pritam Singh C-143, are required to submit the reply within a period of 15 days from the date of receipt of this letter as to whether you admit the charges levelled against you or whether you want to make any statement or produce defence or want to be heard personally. That you, Sh. Pritam Singh C-143, are further informed that if you want to inspect any document/record, for preparing your written reply, you can inspect the same during the office hours in the office of General Manager, Punjab Roadways, Jalandhar-I. You are also informed that you will be shown only the documents concerning your case and these documents are available in the office of the General Manager, Punjab Roadways, Jalandhar-I. You are also made clear that in case you do not inspect these documents it will not be taken any valid reason in this case. In case the detail in writing does not reach the office of the General Manager, Punjab Roadways, Jalandhar-I within the stipulated period, then it will be presumed that you do not want to say anything in your case. In case your reply is not received within the stipulated period, ex-parte proceedings will be initiated against you." Translation of the charge-sheet has been reproduced above. The enquiry report has also been carefully examined by me.;