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Mohinder Singh v. State Of Punjab And Others

Mohinder Singh v. State Of Punjab And Others

(Supreme Court Of India)

Civil Appeal No. 187 Of 1988 | 21-10-1992

1. We have heard both the learned counsel. The High Court held on the strength of the Division Bench decision in Sarwan Singh v. State of Punjab [ILR (1985) 2 P&H 1930] that stopping of increments with cumulative effect was a minor penalty and disposed of second appeal on that ground

2. It has been brought to our notice that in a recent judgment in the case of Kulwant Singh Gill v. State of Punjab 1990 (4) JT 70], this Court has taken a different view and overruled the decision in Sarwan Singh case [ILR (1985) 2 P&H 1930]. Consequently, the punishment sought to be imposed on the petitioner was not a minor penalty but a major one, and an enquiry should have been held in terms of Regulations 8 and 9 of the Punjab Civil Services Rules. In the circumstances, we set aside the order of the High Court and remand the matter to the High Court for being disposed of afresh in the light of this Courts decision. We have no doubt that as the matter is an old one, the High Court will dispose of the matter as expeditiously as possible. The appeal is disposed of accordingly. There will be no order as to costs.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE N. P. SINGH
  • HON'BLE JUSTICE S. RANGANATHAN
Eq Citations
  • (1995) SUPPL. 4 SCC 433
  • LQ/SC/1992/747
Head Note

Constitution of India — Arts. 136 and 137 — Error apparent on face of record — High Court relying on decision of its Division Bench in Sarwan Singh, (1985) 2 Lab I 1930, holding that stopping of increments with cumulative effect was a minor penalty, and disposing of second appeal on that ground — On being brought to notice that in Kulwant Singh Gill, 1990 4 JT 70, Supreme Court had taken a different view and overruled decision in Sarwan Singh case, holding that punishment sought to be imposed on petitioner was not a minor penalty but a major one and an enquiry should have been held in terms of Regs. 8 and 9 of Punjab Civil Services Rules — Order of High Court set aside and matter remanded to High Court for disposal afresh — Labour Law — Penalty — Minor penalty/Major penalty — Stopping of increments with cumulative effect — Punjab Civil Services Rules, Regs. 8 and 9