DALBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel for the parties on merits. In the counter affidavit filed before the High Court of Punjab & Haryana in Civil Writ Petition No. 1299 of 1980. A Counter Affidavit was filed on behalf of the Govt, of State of Punjab that the petitioner had been granted the relief sought for by him in that writ petition. On the basis of the above statement the High Court disposed of that Writ Petition with the following Order:

(2.) Later on on 22.5.84 the State Govt, passed the following order with drawing the benefit granted to him earlier:

(3.) If the State Government had passed its earlier order under a wrong impression it should have before passing the order dated 22.5.84 approached the High Court and prayed for the modification of the order passed by it on 26th May, 1980. Instead of following that procedure, the State Government proceeded to pass the impugned order dated 22.5.84. It was not permissible for the State Government to have ignored the order of the High Court dt. 26.5.80 and to pass the impugned order. The order dated 22.5.84 is therefore, set aside. The State Government is directed to act in compliance with the order of the High Court dated 26th May, 1980. The Petition is accordingly allowed. Petition allowed.