State Of Punjab vs Dialsingh
2024 Latest Caselaw 8125 P&H

Punjab-Haryana High Court

State Of Punjab vs Dialsingh on 18 April, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                                 Neutral Citation No:=2024:PHHC:051931



                                                           2024:PHHC:051931
RSA-1985-1996                             -1-

         IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

(202)
                                                             RSA-1985-1996
                                                Date of decision:- 18.04.2024

Punjab State and another                                   ... Appellants
                                     Versus
Dial Singh                                                 ... Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:- Mr. Amit Chaudhry, DAG, Punjab.

          Respondent was ordered to be proceeded against ex-parte by
          this Court vide order dated 09.10.1996.

                    ****
SUVIR SEHGAL, J. (ORAL)

1. Plaintiff-defendants are in second appeal before this Court

challenging the concurrent finding of fact recorded by both the Courts

below.

2. Plaintiff-respondent filed a suit for declaration challenging four

punishment orders. Vide orders dated 04.07.1990, 05.09.1990 and

03.04.1992, punishment of stoppage of one increment without cumulative

effect was withheld. By the fourth order dated 11.03.1993, two increments

without cumulative effect were stopped by the authorities.

3. Upon notice, suit was contested by the defendants and it was

pleaded that the plaintiff was afforded full opportunity as per the rules,

before imposing the punishments. Issues were framed on the pleadings of

the parties and after they led evidence, Trial Court by judgment dated

21.10.1994, partly decreed the suit and came to the conclusion that orders

1 of 2

Neutral Citation No:=2024:PHHC:051931

2024:PHHC:051931 RSA-1985-1996 -2-

dated 04.07.1990, 05.09.1990 and 11.03.1993 are vitiated. First appeal,

filed by the defendants, was dismissed by the learned Additional District

Judge by judgment dated 01.03.1996. In the above backdrop, defendants

have approached this Court in the instant appeal.

4. I have heard the State counsel and examined the record with his

able assistance.

5. By punishment orders dated 04.07.1990, 05.09.1990 and

11.03.1993, a minor punishment has been imposed upon the plaintiff-

respondent. Examination of the record shows that disciplinary proceedings

were initiated against him for imposition of a major penalty and a charge-

sheet was issued. However, without taking the disciplinary proceedings to

their logical end, they were dropped midway and a minor punishment was

imposed. The procedure adopted is in contravention of the Punjab Civil

Services (Punishment and Appeal) Rules, 1970. It is true that once

departmental proceedings for imposing major punishment have been

initiated, on their conclusion, a minor punishment can be imposed, but the

proceedings cannot be dropped midway to impose a minor penalty. This

Court is, therefore, does not find any reason to interfere with the judgments

and decrees passed by the Courts below.

6. Finding no merit in the appeal, it is hereby dismissed with no

order as to costs.

18.04.2024                                            (SUVIR SEHGAL)
Kamal                                                     JUDGE
         Whether Speaking/Reasoned                   Yes/No
         Whether Reportable                          Yes/No




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