HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16333 of 2011 (O&M) Date of Decision: 02.09.2011 **** Joginder Singh & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. RK Chopra, Senior Advocate with Ms. Maninder, Advocate for the petitioner(s) **** SURYA KANT, J. (ORAL) (1). The petitioners are working as Conductors in the Punjab Roadways. It is alleged that the orders imposing major penalties like stoppage of annual increments with cumulative effect have been imposed on them in the past without holding a regular departmental enquiry as mandated by the decision of the Hon’ble Supreme Court in Kulwant Singh Gill vs. State of Punjab 1991 (1) RSJ 413. It is also averred that earlier the petitioners approached this Court by way of CWP No.17340 of 2004 which was disposed of by a Division Bench dated 05.11.2004 with a direction to the respondents to decide their claim contained in their legal notice. Pursuant CWP No.16333 of 2011.doc - 2 - thereto, the General Manager, Punjab Roadways passed the impugned order dated 31.01.2005 (Annexure P3). (2). Having heard learned counsel for the petitioners at some length, I am of the considered view that the present writ petition must fail on two counts. Firstly there cannot be a common and joint cause of action to the petitioners as the punitive orders must have been passed individually against them and the nature of allegations also might not be identical. The petitioners do not belong to that section of the society in whose favour the Rules of Procedure ought to be relaxed by a writ court permitting them to file a joint writ petition. Secondly, the petitioners need to explain the inordinate delay and laches. The orders imposing penalties on them are not available on record. (3). Notwithstanding above, the petitioners have got an option to file the departmental appeals against the orders of penalty in accordance with the provisions of Punjab Civil Services (Punishment and Appeal) Rules, 1970. (4). The writ petition is accordingly disposed of with liberty to the petitioner to file appeals before the Appellate Authority. It is directed that wherever the petitioners are able to explain the delay, the Appellate Authority shall sympathetically consider its condonation and an endeavour shall be made to decide the appeal(s) on merits. (5). Ordered accordingly. Dasti. CWP No.16333 of 2011.doc - 3 - 02.09.2011 vishal shonkar (S u r y a K a n t) Judge