KULWANT SINGH GILL vs STATE OF PUNJAB

The Supreme Court held that withholding increments of pay with cumulative effect constitutes a major penalty under Rule 5(iv) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, necessitating an inquiry as per Rules 8 and 9. The Court found that the disciplinary authority's order, which imposed such a penalty without conducting an inquiry, was without jurisdiction and thus void. The previous ruling in Sarwan Singh v. State of Punjab was overruled, affirming that major penalties require adherence to prescribed procedures.