Mohinder Singh And Anr vs State Of Punjab And Others
2023 Latest Caselaw 12115 P&H

                                                          Neutral Citation No:=2023:PHHC:101851




CWP-17008-2023                         -1-              2023:PHHC:101851

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

129                                              CWP-17008-2023
                                                 Date of Decision: 07.08.2023

Mohinder Singh and another                                  .... Petitioners

                                 Versus

State of Punjab and others                                  .... Respondents

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA


Present:     Mr. Harjeet Singh Minhas, Advocate and
             Mr. P.K. Madan, Advocate and
             Ms. Amrit Kaur, Advocate for the petitioners.

             Mr. Paramjit Batta, Addl. A.G., Punjab.

                        *****

SANJEEV PRAKASH SHARMA, J (ORAL)

1. The petitioners by way of this petition challenge the order

passed by the respondents dated 25.06.1981 and 30.11.1981, whereby, two

increments were stopped with cumulative effect and the order passed in

appeal dated 27.08.1996, whereby, the appeal preferred against the said two

orders, was dismissed.

2. Learned counsel for the petitioners submits that so far as other

punishments are concerned, the same were modified by the Appellate

Authority while the said two orders have remained intact and the petitioners,

therefore, seek to challenge the said orders.

3. Learned counsel for the petitioners further submits that the

delay would not come in his way as it is a continuous cause of action. He

relies upon a Supreme Court judgment in the case of 'M.R. Gupta Vs.

Union of India', 1995(4) RSJ SC 502. He also relies upon a Full Bench

judgment of this Court in the case of 'Saroj Kumari Vs. State of Punjab',

1998(5) SLR 266, to submit that the delay would not come in his way.

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CWP-17008-2023                         -2-              2023:PHHC:101851

4. I have heard learned counsel for the petitioners at length and

have considered the submissions.

5. This Court noticed that the order of punishment awarded to the

petitioners dated 25.06.1981 and 30.11.1981 have not been placed on record

and only particulars about the petitioners and their details have been

mentioned in Annexure P-1 which do not show whether a regular inquiry

was conducted in 1981 or not. Further, this Court finds that in the Appellate

order, for the two orders of 1981, the Appellate Authority found that based

on the sudden checking of the buses by the checking staff, he was awarded

punishment. The appeals have been dismissed on merits in 1996. After that

order of punishment and order in appeal, the petitioners did not prefer any

writ petition nor raised any industrial disputes in relation to the said

punishments. Further, it is not a case where there is a wrongful fixation nor

can it be said to be a continuous cause of action. Since the punishments

were awarded in 1981, the increments were stopped for the year 1981 and

1982 only while the petitioners have already retired and have filed the

present petition almost 30 years from the passing of the appellate order, the

contention of learned counsel for the petitioner that the petition does not

suffer from any delay and latches, is found to be wholly erroneous.

6. Keeping in view the above, the present petition suffers from

unexplained delay and latches and accordingly, the same is dismissed.

                                       (SANJEEV PRAKASH SHARMA)
07.08.2023                                      JUDGE
D.Bansal

             Whether speaking/reasoned :       Yes/No
             Whether reportable        :       Yes/No




                                                          Neutral Citation No:=2023:PHHC:101851

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