C.W.P. No. 19173 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19173 of 2009 Date of Decision 23.7.2010 Inder Singh ........ Petitioner Versus Punjab State Electricity Board and others ........ Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT Present: Mr. B.N. Sehgal, Advocate for the petitioner. Mr. H.S. Grewal, Advocate for the respondents. SURYA KANT, J. (ORAL) The petitioner seeks quashing of the order dated 28.12.2006 (Annexure P-3) whereby major punishment of stoppage of two annual increments with cumulative effect has been imposed on him without holding any regular enquiry. He is further aggrieved with the appellate order dated 4.8.2009 (Annexure P-5), dismissing his appeal without considering the legal issue raised by him. Suffice it to say that in the light of the decision of Hon'ble Supreme Court in Kulwant Singh Gill Vs. State of Punjab, 1991 Supp (1) SCC, 504, the punishment of stoppage of annual increment with cumulative effect falls in the category of 'major punishment' which could not be imposed in terms of the Service Regulations without holding a regular enquiry against the petitioner. The punishment order is liable to be quashed on this score alone. As a sequel thereto, the appellate orders also cannot sustain. It may also be noticed that the petitioner's appeal has been dismissed by passing a cryptic and laconic order, C.W.P. No. 19173 of 2009 -2- without assigning any reason whatsoever and that order is liable to be set-aside on this ground as well. Not only this, it is informed that the appellate order (Annexure P-5) has been passed by the same Officer who has earlier passed the punishment order (Annexure P-3). The Appellate Authority, ought not to have become judge in its own cause in violation of principles of fair and just play. For the aforesaid reasons, the writ petition is allowed, the impugned orders dated 28.12.2006 (Annexure P-3) and 4.8.2009 (Annexure P-5) are hereby quashed, with liberty to the respondents to proceed against the petitioner in accordance with law, if so advised. Dasti. July 23, 2010 ( SURYA KANT ) rishu JUDGE