STATE OF PUNJAB Vs. KULDIP SINGH

JUDGEMENT

(1.) THE State of Punjab and its functionaries question the correctness of the order passed by a learned Single Judge of the Punjab and Harayna High Court. On a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), the High Court by the impugned order directed the appellant-State to pay a sum of Rs.80,000/- over and above what was paid to him as ex-gratia payment. It was held that the same would be in final settlement of claim of the respondent.

(2.) BACKGROUND facts in a nutshell are as follows: In July 1991 State of Punjab was in the grab of terrorism at its height. Respondent suffered bullet injuries and his hand above the forearm had to be amputated. On 18.1.1991 the Secretary to Government of Punjab, Department of Relief and Resettlement, Chandigarh, wrote to Deputy Commissioners and Sub-Divisional Officers (C) in the State regarding revised scales of relief for the persons adversely affected as a result of terrorists action by security forces acting in civil power.

(3.) IN support of the appeal, learned counsel for the State and its functionaries submitted that the amount paid was fixed in terms of the notification and, therefore, the High Court's direction for payment is clearly unsustainable.