IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 152 of 2009 Date of Decision : September 11, 2009 Brij Mohan Dutta ....Appellant Versus Municipal Corporation, Amritsar .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Veneet Sharma, Advocate T.P.S. MANN, J. Suit for declaration filed by the appellant that office order No. 21141 dated 4.1.2005 passed by the respondent whereby his two annual increments were stopped without cumulative effect, was illegal, wrong, etc. and, therefore, liable to be se aside, with consequential relief of mandatory injunction, was dismissed, and, now he is before this Court in a second appeal filed under Section 100 C.P.C. It has been submitted by learned counsel for the appellant that the respondent did not adopt proper procedure while passing the order dated 4.1.2005. Even no show cause notice was issued to the appellant. R.S.A. No. 152 of 2009 -2- An enquiry was held by the respondent against the appellant on the charge of depositing less octroi to the tune of Rs.422/-. Show cause notice was issued and the appellant was given proper opportunity of hearing. An order was passed on 3.11.1998 against him whereby his two annual increments were stopped with cumulative effect. The appellant challenged the same by way of suit wherein the respondent was given liberty to pass a fresh order after adopting due procedure. Accordingly, on 4.1.2005 the respondent passed an order imposing minor penalty of stoppage of two annual increments without cumulative effect. In view of the above, it cannot be said that the concurrent findings of facts arrived at by the learned Courts below suffer from any illegality or infirmity. These findings are not open to challenge in a second appeal which is maintainable only on some substantial question of law and not otherwise. None of the main questions of law, much less substantial questions, as framed by learned counsel for the appellant, arises for determination. The appeal is, resultantly, dismissed, in limine. ( T.P.S. MANN ) September 11, 2009 JUDGE ajay-1