SECRETARY TO GOVERNMENT Vs. S PONNAIAH

JUDGEMENT

(1.) THE State, through the Secretary to Government, Revenue Department and others have preferred this appeal against the order of the learned Single Judge dated 7.8.2008, passed in W.P.No:5266 of 2008, in and by which, the Writ Petition was allowed by quashing the punishment imposed on the respondent (writ petitioner) and directing the third appellant herein to pass orders granting promotion to the respondent (writ petitioner) from the date of promotion of his junior.

(2.) FOR the sake of convenience, the parties in this appeal will be referred to as arrayed in the writ petition. The brief facts, which are necessary for consideration of this appeal, are set out hereunder:

(3.) LEARNED Additional Government Pleader placed reliance upon the judgment of the Apex Court in State of Madhya Pradesh Vs. Harihar Gopal, reported in 1969 SLR 274 and contended that the subsequent order granting leave was made only for the purposes of maintaining correct record of service and the subsequent order will not have the effect of invalidating the earlier punishment.