Sabina, J. - (1.) Appellants had filed suit for declaration challenging punishment orders dated 27.9.1999, 9.3.2000 and 13.3.2002.
(2.) Case of the appellants, in brief, was that the FIR No. 262 dated 4.7.1994 was registered against them under Sec. 223/182 of the Indian Penal Code, 1860 on the allegation that Gulab Singh, accused had escaped from their custody. On the same allegation, departmental proceedings were initiated against the appellants. Charge -sheet dated 15.8.1994 was served on the appellants without considering the fact that the appellants had been acquitted in the criminal case by the trial Court vide judgment dated 28.11.1997. Department again started the departmental inquiry against the appellants on the same charge. Inquiry Officer was appointed, who vide his report dated 20.9.1994 submitted that the charge levelled against the appellants stood proved. Show cause notice was served on the appellants qua proposed punishment of dismissal from service. Appellants submitted their reply to the said show cause notice. Punishing Authority vide order dated 27.9.1999 dismissed the appellants from service. Appellants preferred appeal against the said order. Appellate Authority modified the punishment of dismissal from service to that of stoppage of three future annual increments with permanent effect and it was further ordered that for the suspension period, appellants would be paid subsistence allowance already drawn by them. Revision petition filed by the appellants was dismissed vide order dated 13.3.2000. Hence, the suit was filed by the appellants.
(3.) Defendants, in their written statement, averred that the departmental proceedings had been initiated against the appellants as per rules. During inquiry proceedings, charge levelled against the appellants was duly proved. Impugned order had been passed in accordance with law.;