High Court of Punjab and Haryana, Chandigarh
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Santosh Rani v. Punjab State - RSA-1907-2002  RD-P&H 359 (24 January 2006)
Case No. : R.S.A.No.1907 of 2002
Date of Decision : February 14, 2006.
Santosh Rani .... Appellant
Punjab State .... Respondent
Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.Surinder Sharma, Advocate
for the appellant.
Mr.D.S.Jandiala, Addl.A.G., Punjab
for the respondent.
The legal representative of original plaintiff Tirath Ram is in appeal.
The plaintiff was working as Patwari and was ordered to be dismissed from service vide order dated February 15, 1977. His appeal failed before the Financial Commissioner on November 08, 1982. He challenged the aforesaid two orders claiming that these orders were illegal bad, null and void and not binding upon his rights and the plaintiff was still to be treated to be continuing in service.
Both the courts below have found it as a fact that the plaintiff had been charge-sheeted for having interpolated with the revenue record.
Thereafter, a regular departmental inquiry was held against him. The charges levelled against him were proved. Thereafter, the competent authority passed the order of punishment. The appeal filed by the plaintiff failed before the Financial Commissioner as well. Consequently, the trial court dismissed the suit filed by the plaintiff and appeal filed by him also failed.
R.S.A.No.1907 of 2002 : 2 :
It is well settled that a civil court can not sit in appeal over the inquiry proceedings, nor can interfere in the order of punishment passed by the competent authority.
Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.
No question of law, much less any substantial question of law, arises in the present appeal.
February 14, 2006 ( VINEY MITTAL )
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