Permod Kohli, J. - (1.) THE plaintiff, respondent herein, was imposed 'penalty of stoppage of seven increments vide order No. 260/TA dated 11.8.1977, Order No. 1166 dated 31.3.1978, Order No. 207/TA dated 8.8.1977; order No. 2662/TA dated 20.10.1977 and order No. 147/TA dated 19.1.1977, passed by the General Manager, Punjab Roadways, Jalandhar Depot. Validity of these orders was challenged in the suit instituted in the Court of learned Sub Judge, Jalandhar, primarily, on the grounds of non observance of the statutory rules viz Inter -alia, without holding disciplinary enquiry and non observance of the principle of natural justice. The appellants herein, resisted the suit on the grounds that the same is barred by limitation and suffers from misjoinder of cause of action.
(2.) THE learned trial court framed the following issues: 1. Whether the order dated 11.8.70, 31.3.78, 8.8.77, 20.10.77 and 19.1.77, are illegal, null and void as alleged in the plaint? OPP 2. Whether the suit is barred by limitation? OPD Whether the suit is bad for misjoinder of cause of action? OPD
(3.) RELIEF . 3. The trial Court found that the punishment of withholding of seven increments with cumulative effect is a major punishment which could be inflicted ,only after holding an enquiry contemplated under Rule 8 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as "the Rules"). Though it is found that before passing of some of the orders, show cause notices were issued to the plaintiff -respondent herein, yet it was observed that the orders imposing penalty are, non -speaking and, thus, are illegal and void in law. Consequently, judgment and decree dated 28.11.1983 came to be passed by the learned trial Court setting aside the impugned orders. An appeal preferred by the State also failed and came to be dismissed vide judgment and decree dated 17.12.1984 passed by the learned Additional District Judge, Jalandhar. Validity of these orders is in question in the present appeal. 4. None appeared on behalf of the respondents and, thus, the appeal was accordingly, heard in their absence.;