BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the first appellate Court dated September 16,1988, affirming on appeal those of the trial Judge dated June 4, 1987, dismissing the suit of the plaintiff- appellant for declaration that the order dated May 5, 1982, imposing the penalty of withholding of annual increment with cumulative effect was illegal.

(2.) The appellant is employed as a Conductor in the Punjab Roadways, General Manager, Punjab Roadways, Ferozepore, vide order bearing No. 979/T.C. dated May 5, 1982, imposed the penalty of withholding three annual increments with cumulative effect. The appellant challenged the order in Civil suit bearing No. 54-a instituted on January 31, 1986. The trial court found that a regular departmental enquiry was conducted and the disciplinary authority accepted the enquiry report and imposed the punishment after following the procedure prescribed. On the question of limitation, the trial Court found that the suit was filed beyond limitation and, on ultimate analysis, it dismissed the suit. The judgment and decree of the trial Judge were challenged in the first appeal. The first appellate Court found that the order inflicting the penalty of stoppage of three increments was not a speaking order and as such was held to be illegal. On the question of limitation, the first appellate Court affirmed the finding of the trial Judge and held that the suit was filed beyond limitation. The order imposing the punishment was made on May 5, 1982 and the suit was filed on January 31, 1986. Thus, obviously it was barred by time having been filed after three years.

(3.) When the regular second appeal came up for motion hearing, the learned Single Judge expressed doubt about the Correctness of the judgment State of Punjab vs. Malkiat Chand,1988 4 SLR 243and admitted the case to Division Bench and it is how this regular second appeal has been placed before us for disposal.