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SUPREME COURT OF INDIA
Y.V. Chandrachud, CJI., D.P.Madon, M.P.Thakkar, R.S.Pathak, V.D.Tulzapurkar, JJ.
Ajit Singh
Versus
State Of Haryana
Case No., 9345 , 9498 of 1983
Date of Decision, 10/17/84
Employment and Service – Contentions - Service are unsupportable - Writ Petition court are of opinion that orders whereby petitioners were dismissed from service are unsupportable – Accordingly set aside those orders and direct that petitioners shall be reinstated in service on or before without a break in their service - They will be entitled to per cent of back wages only from their dismissal until reinstatement that is, until - They will be entitled to full pay and admissible allowances with effect – Held, Having regard to nature of allegations against petitioners DO further enquiry shall be held nor any disciplinary action taken against them or any one or more of them in regard to incidents which resulted in their dismissal from service and which form subject matter of these Writ Petition - Petitioners will report for duty punctually on at respective places where they were working at time of their dismissal - Writ Petition are allow
(1) HAVING considered the rival contentions of the parties in these Writ Petition, we are of the opinion that the orders whereby the petitioners were dismissed from service are unsupportable. Accordingly, we set aside those orders and direct that the petitioners shall be reinstated in service on or before 1/11/1984, without a break in their service. They will be entitled to 50 per cent of back wages only, from the date of their dismissal until reinstatement, that is, until 1/11/1984. They will be entitled to full pay and admissible allowances with effect from 1/11/1984.
(2) HAVING regard to the nature of the allegations against the petitioners, DO further enquiry shall be held nor any disciplinary action taken against them or any one or more of them, in regard to the incidents which resulted in their dismissal from service and which form the subject matter of these Writ Petition.
(3) THE petitioners will report for duty punctually on 1/11/1984 at the respective places where they were working at the time of their dismissal.
(4) THE Writ Petition are allowed to the extent indicated above. There will be no order as to costs.
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