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1989 Supreme(P&H) 114

M.M.PUNCHHI
Shiv Raman Gaur – Appellant
Versus
Madan Mohan Kanda – Respondent


Judgment

1. Madan Mohan Kanda, the respondent herein was working as an Assistant in the office of the Deputy Commissioner, Sirsa. Vide order dated July 24, 1980, he was removed from service. He preferred an appeal against such removal before the Commissioner, Hissar Division, Hissar. It was set aside on February 9, 1982. The order seemingly was passed in the presence of Madan Mohan Kanda. A minor punishment, however, was imposed on him by stoppage of one increment with cumulative effect. The Commissioner Hissar Division, Hissar accepting the appeal directed the Deputy Commissioner, Sirsa to take back the respondent in service forthwith and treat the period from the date of his removal from service till the date of his joining ......... as the leave of the kind due. On February 23, 1982, the Deputy Commissioner Sirsa issued Shri Kanda his posting order. Since no formal orders regarding his leave, fixation of pay and seniority had been passed, Shri Kanda represented to the authorities concerned. All the same, he did not join at his place of posting. Rather on April 20, 1982, he filed nomination papers as a candidate for elections to the Haryana Vidhan Sabha from Sirsa Constituency. In



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