High Court of Punjab and HaryanaRA-RS/9/2013dismissed

Sarabjit Singh v. Punjab State Electricity Board And ORS

2017-12-14Mr. Justice Gurvinder Singh Gill2 pages

Anuradha 2017.12.21 12:38 I attest to the accuracy and integrity of this document RA-RS-9-C-2013 IN RSA-3521-2012

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RA-RS-9-C-2013 IN RSA-3521-2012 Date of Decision: 14.12.2017 SARBJIT SINGH ....APPLICANT-APPELLANT VS PUNJAB STATE ELECTRICITY BOARD AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. Manu K.Bhandari, Advocate for the applicant-appellant.

Mr. R.L.Sharma, Advocate for the respondents.

**** AJAY TEWARI, J.(Oral) CM-253-C-2016 This is an application under Order 22 Rule 3 for bringing on record legal representatives of the appellant. For the reasons recorded in the application, the same is allowed and LRs mentioned in paragraph No.3 of the application are brought on record as legal representatives of the appellant subject to all just exceptions. Amended Memo of Parties is taken on record.

RA-RS-9-C-2013 This is a review application against the judgment and order dated 8.8.2012. The applicant-appellant was working as a Junior Engineer when, on the order of the Chief Engineer a chargesheet was issued to him. A regular enquiry was conducted and he was ultimately punished by a stoppage of two increments with cumulative effect. The picture becomes a little murky after

Anuradha 2017.12.21 12:38 I attest to the accuracy and integrity of this document RA-RS-9-C-2013 IN RSA-3521-2012 this because in the suit allegation was that the punishment order was passed by the Additional Superintending Engineer whereas his appointing authority was a Chief Engineer, which in the written statement, one of the pleas was that the suit was not maintainable since a departmental appeal filed by him was still pending. The suit, the first appeal and the second appeal were dismissed on the ground that the appellant had not been able to show who was his punishing authority.

Thereafter, the present review application has been filed whereby it was mentioned that actually there were Punjab State Electricity Board Technical Services Class-III Regulation, 1996 and as per those regulations, the Chief Engineer was the disciplinary authority for persons of the rank of the appellant. I have been informed that the appellant is also dead. In the totality of the circumstancesI am not persuaded to allow the review application. The review application stands dismissed. 14.12.