Nachhatar Singh (dead) through LRs v. Pepsu Roadways Transport Corporation
2013-12-19
MAHESH GROVER
body2013
DigiLaw.ai
JUDGMENT Mr. Mahesh Grover, J.:- The petitioner (since deceased) during the course of his service was visited with a punishment of stoppage of two annual increments with cumulative effect. This order which he did not challenge attained finality. The respondents, in the meantime due to inadvertence failed to execute that order and the petitioner continued to derive the benefit of his pay without the impact of the order of punishment against him. At the time of retirement of the petitioner equivalent amount of two annual increments with its attending cumulative effect was recovered from the petitioner which is now a cause of grievance to him. 2. There is no representation on behalf of the petitioner. 3. I have noticed the grievance of the petitioner and am of the view that since the petitioner had failed to challenge the order of punishment against him and the same having attained finality, the mere fact that the order was not given effect to, due to inadvertence but finally effected at the time of retirement of the petitioner would not make any difference to the cause of the petitioner and he at this stage of the proceedings in the garb of challenging the recovery cannot be permitted to impugn the order of punishment. 4. Consequently, this Court does not find any merit in the instant petition and the same is dismissed.