Punjab-Haryana High Court
State Of Punjab vs Ram Kishan on 19 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:052751
RSA-2354-1993 (O&M) -1- 2024:PHHC:052751
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
122 RSA-2354-1993 (O&M)
Date of Decision :19.04.2024
State of Punjab and another ...Appellants
Versus
Ram Kishan ....Respondent
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Rohit Ahuja, DAG, Punjab for the appellant-State.
Mr. Rahul Bansal, Advocate for the respondent.
***
Harsimran Singh Sethi, J. (Oral)
1. In the present regular second appeal, challenge is to the
judgment and decree of the Courts below by which, claim of the respondent-
plaintiff qua order dated 05.08.1987 by which, six increments of the
respondent-plaintiff were stopped with cumulative effect, has been accepted
and the said punishment imposed upon the respondent-plaintiff has been set
aside.
2. On being asked to point out any perversity in the judgment and
decree of the Courts below, learned counsel for the appellant-State submits
that allegations alleged against the respondent-plaintiff, who was working as
conductor with the appellant-State of Punjab was that he committed fraud of
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Neutral Citation No:=2024:PHHC:052751
RSA-2354-1993 (O&M) -2- 2024:PHHC:052751
Rs.07/- by issuing less tickets to the passengers, who were travelling from
Jalandhar to Sirhind on 12.12.1986 hence, the judgment and decree of the
Courts below are perverse as the findings have already been recorded in the
disciplinary proceedings initiated against the respondent-plaintiff qua
misappropriation and hence, the Courts should not have interfered with the
said findings.
3. It may be noticed that present regular second appeal was filed
in the year 1993 hence, 31 years have elapsed since then and there was no
interim order passed in the present appeal and respondent-plaintiff must
have retired by now and must be getting pensionary benefits.
4. Further, the Courts below have recorded a finding that no
details of the passengers, who were not given tickets despite charging
money from them was mentioned either in the report of the Investigator,
who had checked the bus in question or in the disciplinary proceedings,
which were initiated against the respondent-plaintiff or before the Court
below and further cash in hand was not checked so as to find out as to
whether there was any misappropriation on the part of the respondent-
plaintiff or not. Once, a concurrent finding has been recorded by the Courts
below, in the present regular second appeal this Court will not like to upset
the same especially, when respondent-plaintiff must be retired by now and
must have getting pension in case, he is still alive as the learned counsel for
the respondent-plaintiff submits that he is not in touch with his client since
long.
5. Keeping in view the facts and circumstances recorded
hereinbefore as no perversity in the judgment and decree of the Courts
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below has been pointed out by the learned counsel for the appellant-State,
present regular second appeal is dismissed.
April 19, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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