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NAMIT KUMAR
Ishwar Chand – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. validity of resignation and service continuation (Para 2 , 3 , 4) |
| 2. claim for service benefits post resignation (Para 6 , 8) |
| 3. principle of not going behind the decree in execution (Para 7 , 9) |
| 4. non-execution of judicial orders by administrative actions (Para 10 , 11 , 12) |
| 5. outcome of revision petition and execution of decree (Para 13) |
JUDGMENT
Namit Kumar, J.
Challenge in the present petition
The petitioner-decree holder has approached this Court by way of filing the instant Revision Petition challenging the order dated 08.11.2021 passed by the Court of learned Civil Judge (Senior Division), Kurukshetra, whereby objections filed by the Superintendent of Police/judgment-debtor No.2 have been accepted and the execution petition filed by the petitioner has been held to be not maintainable and accordingly the same has been dismissed.
Brief facts
2. Brief facts leading to the filing of the present petition, as pleaded in the petition, are that petitioner-decree holder was recruited as a Constable on 30.09.1976 in Rohtak and was transferred to Kurukshetra in the same year. He submitted his resignation on 25.08.1991 through proper channel and thereafter he withdrew the s
The Executing Court must enforce judicial decrees as issued, without alteration or inquiry into their merits, reaffirming an entitlement to full benefits as dictated by the final judgment.
The court upheld the dismissal of the petitioner under the CRPF Act, affirming the authority's findings and directing compliance with procedural requirements for consequential orders.
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
The main legal point established in the judgment is that the relief of promotion was not claimed or granted in the decree dated 17.11.2003, and the petitioner was not entitled to promotion as a matte....
The failure to provide an Inquiry Report violated natural justice, leading to the reinstatement of the petitioner from the date of discharge.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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