Punjab-Haryana High Court
Mota Singh Through Lrs Harbhajan Kaur ... vs State Of Punjab & Others on 4 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:045938
RSA-2037-2016 2024:PHHC:045938 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(216) RSA-2037-2016
Date of Decision : April 04, 2024
Mota Singh Through LRs Harbhajan Kaur and others
.. Appellants
Versus
State of Punjab and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Amit Kaith, Advocate, for the appellants.
Mr. Rohit Ahuja, Deputy Advocate General, Punjab.
HARSIMRAN SINGH SETHI J. (ORAL)
1. In the present appeal, the challenge is to the judgment and
decree of the lower Appellate Court dated 08.12.2015 by which, the
judgment and decree of the trial Court dated 14.05.2015 has been set aside
and the suit filed by the appellant-plaintiff has been dismissed.
2. Learned counsel for the appellants argues that while the
appellant Mota Singh was working as a Driver with the Punjab Roadways,
he caused an accident and keeping in view the award given by the Motor
Accident Claims Tribunal, he was charge-sheeted on 05.02.2007.
Thereafter, keeping in view the fact that he was held guilty in the
disciplinary proceedings started against him and vide order dated
23.01.2009/06.02.2009, his two increments were ordered to be stopped with
cumulative effect. The challenge was to the said order.
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Neutral Citation No:=2024:PHHC:045938
3. The trial Court, keeping in view the evidence which had come
on record, decreed the suit vide judgment and decree dated 14.05.2015
against which, the respondent-State filed an appeal before the lower
Appellate Court. The lower Appellate Court vide order dated 08.12.2015
set aside the judgment and decree of the trial Court dated 14.05.2015 and
dismissed the suit and upheld the imposition of punishment.
4. Learned counsel for the appellants submits that the imposition
of punishment upon the appellant-plaintiff was totally arbitrary and illegal
hence, the same was rightly set aside by the trial Court but without there
being any valid reason, the said judgment and decree of the trial Court dated
14.05.2015 has been set aside by the lower Appellate Court. Learned
counsel for the appellants further submits that the judgment of the lower
Appellate Court be set aside and that of the trial Court be restored.
5. Learned State counsel, on the other hand, submits that once the
punishment of stoppage of two increments with cumulative effect was
imposed on the appellant-plaintiff after holding an enquiry, the Court
cannot sit as an Appellate body to examine the issue to decide as to whether
the imposition or punishment was valid or not hence, the judgment of the
lower Appellate Court is perfectly valid and legal and liable to be
maintained.
6. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
7. Once the punishment was imposed on the appellant-plaintiff
after holding the departmental enquiry and nothing has come on record that
the procedure envisaged for conducting the departmental enquiry was not
followed by the Department concerned, this Court will have no jurisdiction
to interfere with the punishment imposed upon the appellant-plaintiff by the
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Neutral Citation No:=2024:PHHC:045938
punishing authority. It is also a conceded fact that the appellant caused an
accident due to his negligence and the Department had to pay compensation
to the victim hence, for the said misconduct, the appellant has rightly been
punished and the Courts will have no jurisdiction to interfere with an order
passed in the departmental proceedings especially when nothing has been
pointed out that the departmental proceedings were conducted dehors the
Rules.
8. Even otherwise, no perversity in the judgment of the lower
Appellate Court could be pointed out by the learned counsel for the
appellants.
9. Keeping in view the above, no ground is made out for any
interference by this Court in the present regular second appeal.
10. Dismissed.
April 04, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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