Brij Mohan vs The Presiding Officer

Mehtab S. Gill, J.—In the petition filed under Article 226 of the Constitution of India, petitioner has prayed for a issuance of a Writ in the nature of certiorari for quashing the award dated May 10, 1994 (An-nexure P-1) passed by respondent No. 1 the Presiding Officer, Industrial Tribunal, Punjab whereby his three annual increments were stopped. ''He has "further prayed that respondent No. 2 the Commissioner, Municipal Corporation, Amritsar be directed to pay him the entire arrears of two annual increments rstored by respondent No. 1.

It has been averred in the petition that the petitioner was appointed as Octroi Moharrir on April 1, 1969 in the Municipal Corporation, Amritsar. It has been further averred that during the year 1986, the terrorism was at its peak and the petitioner along with one Dasondhi Ram, Peon was posted at Khan Kot Road, Octroi Barrier, Amritsar. On June 29, 1986 the petitioner along with Dasondhi Ram, Peon was found absent from duty on being checked by the Octroi Superintendent, Explanation given by the petitioner was that he and Dasodhi Ram, Peon, had been threatened by the terrorists and they were hiding themselves in the nearby brick kiln.

We have heard learned counsel for the petitioner and perused the annexures attached with the petition.

The petitioner was served with a Charge-sheet vide Memo No. C/C-434 dated April 22, 1986. Reply was filed by the petitioner in which he reiterated his stand that the Car-ridden terrorists threatened them while they were on duty. This explanation of the petitioner was rejected by the department. The Enquiry Officer Shri R.K. Salwan, Chief Electrical Engineer (the then Executive Engineer), Municipal Corporation vide office order No. 7792 dated 30.10.1986 was appointed and he submitted his enquiry report on August 11, 1987. On the basis of the finding recorded by the Enquiry Officer, three annual increments with cumulative effect were stopped vide order dated January 11, 1988.

Thereafter, another show-cause notice bearing No. C/OS/919 dated December 17, 1987 was served on the petitioner under Rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and another punishment was awarded to him, whereby his two annual increments were stopped. The Presiding Officer of the Industrial Tribunal, Punjab rightly restored the two increments by observing that this punishment was not justified as no regular enquiry qua the stoppage of two increments was held.

For the reasons recorded above, we find no merit in this writ petition and it is, thus, dismissed.

Petition dismissed.