NARESH KUMAR Vs. STATE OF HARYANA AND ORS
LAWS(P&H)-2010-4-353
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 07,2010

NARESH KUMAR Appellant
VERSUS
State Of Haryana And Ors Respondents


Referred Judgements :-

STATE OF HARYANA AND ORS. V. RATTAN SINGH [REFERRED]
PUNJAB STATE AND ANR. V. HARNAM SINGH [REFERRED]


JUDGEMENT

- (1.)The appellant was working as a Conductor and has filed this Regular Second Appeal to impugn the judgments passed by the Trial Court as well as first Appellate Court, challenging the punishment of reduction to minimum of time scale.
(2.)The facts, as pleaded, would show sometime in the year 1999, an excess amount of Rs. 216/- was found with the appellant and he was served with the charge sheet on 21.6.1999. The appellant filed a reply denying the allegations and pleaded his false implication. After considering his reply, the Enquiry Officer was appointed to hold an enquiry. The appellant would complain that the Enquiry Officer held the proceedings in a biased and illegal manner and submitted his findings holding him guilty of the charges. The said findings were accepted by the General Manager and thereafter a show cause notice was issued to the appellant on 8.6.2001 asking him to explain as to why his services be not terminated. The appellant submitted his reply, but as per him, without considering the same, he was brought to minimum of his time scale permanently vide order dated 11.7.2003. This order was passed after affording opportunity of personal hearing.
(3.)The appellant preferred a departmental appeal against the same and the punishment was reduced to reduction from minimum time scale permanently to that for a period of two years vide order dated 22.3.2004. The appellant preferred yet another appeal against the same, which was rejected on 16.2.2005 on the ground that there was no provision to file a second appeal. Thereafter he served a legal notice, which was rejected and hence he filed the present suit.


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