STATE OF PB.ETC. vs DAVINDER SINGH ETC.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(P&H) 1600

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
STATE OF PB.ETC. – Appellant
Versus
DAVINDER SINGH ETC. – Respondent

JUDGMENT :

NAMIT KUMAR, J.

1. The instant Regular Second Appeal has been preferred by the State of Punjab, impugning the judgment and decree dated 30.04.1994, passed by the trial Court, whereby the suit of the respondent/plaintiff has been decreed and the order of dismissal has been set aside, and he has been held entitled for reinstatement in service. Challenge is also made to the judgment and decree dated 01.06.2000, passed by the First Appellate Court, whereby the judgment passed by the trial Court has been modified only to the extent that the respondent/plaintiff shall not be entitled to back wages with effect from 01.09.1989 till the filing of the suit in the trial Court.

2. The undisputed facts of the case are that the respondent/plaintiff was enrolled as Constable on 24.08.1978 in the Punjab Police, Jalandhar Cantt. He sought leave on 25.08.1989 till 31.08.1989, which was duly sanctioned by the competent authority. However, thereafter, the respondent/plaintiff did not resume his duties due to alleged illness and was placed under suspension on 26.10.1989 with effect from 31.08.1989 (Ex.P1). The respondent/plaintiff was treated as absent from duty for the period from 01.09.1989