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High Court of Punjab and HaryanaLPA/1484/2016dismissed

Jaswinder Singh v. State Of Punjab & ORS

2016-08-22Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

LPA-1484-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1484-2016 (O&M) Date of Decision: August 22, 2016 Jaswinder Singh .....Appellant

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.M.S.Rana, Advocate for the appellant.

........

SURYA KANT, J.

The appellant assails the order dated 25.05.2016 whereby learned Single Judge upheld the order of punishment of stoppage of one annual grade increment without cumulative effect and as a consequence thereof has dismissed his writ petition.

The appellant is a Conductor in Punjab Roadways. He was charge-sheeted for mis-appropriation of Box No.19 of passengers' tickets amounting to Rs.12059/-. The enquiry was held and he was found guilty of charges. His reply to the show cause notice was considered and thereafter only the subject punishment was awarded. His departmental appeal also failed. Those orders have been upheld by learned Single Judge. We have heard learned counsel for the appellant at a considerable length. He has not been able to make out any case of violation Meenu 2016.09.06 16:08 I attest to the accuracy and authenticity of this document chandigarh

LPA-1484-2016 (O&M) -2of principles of natural justice or denial of adequate opportunity to the appellant in the course of enquiry. As regard to the quantum of punishment which he alleges to be harsh, we do not find any ground to interfere with. Once the allegation of misappropriation of Government property is proved, stoppage of one increment without cumulative effect cannot be said to be disproportionate.

In view of the nature of charges proved against the appellant, no interference with the order under appeals is called for. Dismissed.

( SURYA KANT ) JUDGE August 22, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.09.06 16:08 I attest to the accuracy and authenticity of this document chandigarh