- (1.) Present appeal, at the hands of plaintiff, is directed against the judgment of reversal, whereby the learned Additional District Judge partly allowed the appeal of the defendants, in a suit for declaration. Brief facts of the case, as recorded by the learned first appellate court in para 2 and 3 of the impugned judgment, are that plaintiff was working as conductor in Punjab Roadways, Patti Depot. The General Manager, Patti, vide his order dated 31.1.1983 stopped three annual increments of the plaintiff with cumulative effect. Further, as per order dated 7.2.1983, the General Manager, Patti, also stopped three increments of the plaintiff with cumulative effect and also withheld his wages for suspension period. These orders were stated to be totally illegal, contrary to the rules of natural justice, null and void for the following reasons:- i) The General Manager served two charge-sheets dated 6.10.1981 and 14.10.1982 on him. No open and judicial mind was applied by the General Manager before issuing the charge-sheets. The charge-sheets were totally illegal and contrary to the Rules of principle of natural justice. ii) That without considering the merits of the case and defence, the plaintiff-respondent was proceeded departmentally. He was not allowed the assistance of any person during the proceedings of the enquiry and the essential materials were also not supplied to him. The whole enquiry was conducted in contravention of Rules 7 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules and principles of natural justice. iii) The show cause notices given to him were stereo-type which revealed nothing as to how why and under what circumstances the same were issued. The replies submitted by him to the show cause notices were not considered with judicial mind. iv) The orders were passed by the person, having no powers to act as Punishing Authority and, thus, the same were illegal, null and void.
(2.) The suit was contested by the defendant-appellants. They took preliminary objections that the orders were perfectly legal and valid. They controverted all the allegations of the plaintiff-respondent and reiterated that the enquiries were conducted following the necessary rules, regulations and principle of natural justice. It was also pleaded that the show cause notices were served on the plaintiff-respondent, who was placed under suspension and that the orders were passed by the Punishing Authority of the plaintiff-respondent.
(3.) On completion of pleadings of the parties, learned trial court framed the following issues:- "1. Whether the orders of the G.M. bearing Endst. No. 6820-23/GM dated 31.1.83 dated 31.1.83 and order bearing Endst. No. 7976-79/ST/GM/dated 7.3.83, by virtue of which, one and three increments of the plaintiff were withheld with cumulative effect and also the wages deducted for the suspension period, are illegal as alleged and not binding upon the plaintiff? OPP 2. Relief";