G.R.MAJITHIA, J. - (1.) THIS judgment disposes of C. W. P. No. 16547 of 1992, 89 of 1993 and 101 of 1993.
(2.) A challenge has been made to the orders passed in the years 1977, 1978, 1979, 1980 and 1982 stopping increments with commulative effect or without commutative effect in these petitions under Articles 226/227 of the Constitution of India. A reference to the relevant facts has been made from the pleadings in C. W. P. No. 16547 of 1992, which was filed in this Court on December 15, 1992. The details of the impugned orders by which increments were stopped with commulative effect or without commulative effect are as under :1) Order No. 92/ecc, : Two increment stopped with dated commulative effect 19. 1. 77 2) Order No. 400/ecc, : -Dodated 3. 2. 1977. 3) Order No. 1525/ecc, : One increment stopped with dated 2. 3. 1978. commulative effect 4) Order No. 1526/ecc, : -Dodated 8. 2. 1978. 5) Order No. 2757/ecc, : -Dodated 17. 1. 1979. 6) Order No. 2751/ecc, : -Do - dated 17. 1. 1979. 7) Order No. 2754, : -Dodated 17. 1. 1979. 8) Order No. 2748/ecc, : -Dodated 17. 1. 1979. 9) Order No. 2748, : Two increments stopped dated 17. 1. 1979. with conmulative effect 10) Order No. 2742/ecc, : One increment stopped dated 17. 1. 1979. with commulative effect 11) Order No. 2739/ecc, : Two increments stopped dated 17. 1. 1979. with commulative effect 12) Order No. 2761/ecc, : One increment stopped dated 17. 1. 1979. with commulative effect 13) Order No. 2761/ecc, : One increment stopped dated 17. 1. 1979. with commutative effect 14) Order No. 1635/ecc, : Two increments stopped dated 20. 7. 1979. with commutative effect 15) Order No. 2607/ecc, : One increment stopped dated 20. 7. 1979. with commulative effect 16) Order No. 1961/ecc, : -Dodated 9. 8. 79. 17) Order No. 2230/ecc, : -Dodated 21. 8. 79. 18) Order No. 4014/ecc, : -Dodated 26. 10. 1979. 19) Order No. 4011/ecc, : -Dodated 26. 10. 1977. 20) Order No. 6280/ecc, : -Do - dated 11. 1. 1982. 21) Order No. 6132/ecc, : -Dodated 10. 1. 1982. 22) Order No. 5429/ecc, : One increment stopped dated 6. 11. 82. without commulative effect 23) Order No. 5434/ecc, : -Dodated 6. 11. 82. 24) Order No. 5428/ecc, : One increment stopped dated 26. 12. 1979. without commulative effect from 5. 5. 79 to 23. 5. 79. 3. The only grouse of the petitioner is that the increments were stopped without following the proper procedure, and as such the orders are bad in law.
(3.) WRITTEN statement has been filed by the General Manager, Haryana Roadways, Rewari Depot, Rewari, stating that the petitioner, was appointed as a Conductor in the year 1976. 31 orders for stoppage of increments had been passed against the petitioner on account of misappropriation of government money, details of which are reproduced below:" (1) Two increments stopped with cumulative effect vide order No. 400/ea dated 3. 3. 77 on account of misappropriation of Govt. money Rs. 5. 25 np. Show cause notice was served. Reply of show cause notice received. " (2) Two increments stopped with cumulative effect vide order No. 92/ea dt. 19. 1. 77 on account of misappropriation of Govt. money Rs. 5. 25 np. Charge sheet was served reply received, show cause notice was served, reply to show cause notice received. (3) One increment stopped with cumulative effect vide order No. 1525/ec, dated 8. 3. 78 on account of misappropriation of Govt. money Rs. 4. 40 np; show cause notice was served, reply of show cause notice received. (4) One increment stopped with cumulative effect vide order No. 1536/ecc dt. 8. 3. 78 on account of misappropriation of government money Rs. 4. 80 np; show cause notice served, reply of show cause notice received. (5) One increment stopped with cumulative effect vide order No. 2742/ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 1. 80 np; show cause notice served; no reply received inspite of reminder. (6) One increment stopped with commutative effect vide order No. 2739/ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 2. 25 np. , show cause notice served, reply not received inspite of reminder. (7) Two increments stopped with cumulative effect vide order' No. 2745/ecc, dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 330 np. , show cause notice was served, no reply received inspite of reminders. (8) One increment stopped with cumulative effect vide order No. 2748/ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 1. 20 np; show cause notice served, reply not received in spite of reminder. (9) One increment stopped with cumulative effect vide order No. 2754/ecc dt. 17. 1. 79 on account of misappropriation of Govt. Money Rs. 1. 80 np; show cause notice served; no reply received inspite of reminder. (10) One increment stopped with cumulative effect vide order No. 2751/ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 1. 80 np; show cause notice served, reply not received inspite of reminder. (11) One increment stopped without commulative effect vide order N6. 2737ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 1. 35 np; show cause notice served, reply not received inspite of reminder. (12) One increment stopped with cumulative effect vide Order No. 2761/ecc dt. 17. 1. 79 on account bf misappropriation of Govt. money Rs. 4. 00 np; show cause notice served, reply not received inspite of reminder. (13) One increment stopped with commulative effect vide Order No. 2757/ecc dt. 17. 1. 79 on account of misappropriation of Govt. money Rs. 1. 80 np; show cause notice served, reply not received inspite of reminder. (14) One increment stopped with cumulative effect vide order No. 4011/ecc dt. 26. 10. 79 on account of misappropriation of G6vt. money Rs. 2. 20 np; charge sheet was served, no reply received in spite of reminder, show cause notice served, no reply received inspite of reminder. (15) One increment stopped with cumulative effect vide order No. 4014/ecc dt. 26. 10. 79 on account of misappropriation of Govt. money Rs. 3. 25 np; show cause notice served, reply not received inspite of reminder. (16) One increment stopped with cumulative effect vide order No. 2130/ecc dt. 21. 3. 79 on account of misappropriation of Govt. money Rs. 3. 40 np. , show cause notice served, reply not received inspite of reminder. (17) One increment stopped with cumulative, effect vide order No. 196vecc dated 9. 8. 79 on account of misappropriation of Govt. money Rs. 3. 42 np. , show cause notice served, reply not received inspite of reminder. (18) Two increments stopped with cumulative effect vide order No. 1635/ecc dated 20. 7. 79 on account of misappropriation of Govt. tax on (ticket) Rs. 1. 00 np; charge-sheet served; no reply received inspite of reminder, show cause notice served, no reply received inspite of reminder. (19) One increment stopped with cumulative effect vide order No. 2607/ecc dt. 3. 9. 79 on account of misappropriation of Govt. money Rs. 3. 80 np; show cause notice served, reply not received inspite of reminder. (20) One increment stopped with cumulative effect vide order No. 6280/ecc, dated 11. 1. 80 on account of misappropriation of Govt. money Rs. 1. 50 np, show cause notice served, reply not received inspite of reminder. (21) One increment stopped with cumulative effect vide order No. 6132/ecc dated 10. 1. 80 on account of misappropriation of Govt. money Rs. 6. 60 np; show cause notice served, reply not received inspite of reminder. (22) One increment stopped with cumulative effect vide order No. 4592/ecc dated 1. 5. 81 on account of misappropriation of government money Rs. 2. 10 np. ; show cause notice served, reply not received inspite of reminder. (23) One increment stopped with cumulative effect vide order No. 4653/ec dated 1. 5. 81 on account of misappropriation of Govt. money Rs. 6. 60 np. , show cause notice served, reply not received inspite of reminder. (24) One increment stopped with cumulative effect vide order No. 4621/ecc dt. 1. 5. 81 on account of misappropriation of government money Rs. 20. 57 np; show cause notice served, reply not received inspite of reminder. (25) One increment stopped with cumulative effect vide order No. 8064/ecc, dated 263. 81 on account of misappropriation of Govt. money Rs. 130 np; show cause notice served, reply not received inspite of reminder. (26) One increment stopped with commutative effect vide order No. 8035/ecc dt. 26. 5. 81 on account of misappropriation of government money Rs. 350 np. , show cause notice served, reply not received inspite of reminder. (27) One increment stopped with cumulative effect vide order No. 8045/ecc dt. 26. 5. 81 on account of misappropriation of Govt. money Rs. 2. 10 np. , show cause notice served, reply not received inspite of reminder. (28) One increment stopped with cumulative effect vide order No. 9632/ecc dt. 29. 7. 81 on account of misappropriation of Govt. Money Rs. 5,00 np. , show cause notice served, reply not received inspite of reminder. (29) Two increments slopped without cumulative effect vide order No. 2505/ecc dt. 6. 8. 82 on account of misappropriation of Govt. money Rs. 16. 20 np. , charge sheet served. The petitioner admitted his guilt in writing. (30) One increment stopped without cumulative effect vide order No. 5429/ecc, dated 6. 11. 82 on account of misappropriation of Govt. money Rs. 5. 60 np. , charge sheet served. The petitioner admitted his guilt in writing. (31) One increment stopped without cumulative effect vide order No. 5434/ecc, dated 6. 11. 82 on account of misappropriation of Govt. money Rs. 6. 00 np. , charge sheet served. The petitioner admitted his guilt in writing. The aforementioned orders were duly communicated to the petitioner. He did not challenge the same before the appellate authority. ;