RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This reference has arisen on the fact that on 29th March, 1985, the petitioner was suspended owing to the existence of a criminal charge under Section 302 IPC against him. On 8th October, 1985, the petitioner was convicted under Section 302 IPC and sentenced to undergo life imprisonment, which judgment was affirmed in appeal by the High Court of Punjab and Haryana on 25th September, 1986. On 2nd March, 2001, the Hon'ble Supreme Court acquitted the petitioner. The counsel for the petitioner has sought to reply upon rule 7.5 of the Punjab Civil Services Rules, as applicable to Haryana, which reads as follows :

(2.) Reliance has been placed upon the aforesaid rule to contend that adjustment of allowance for a period should be made according to the circumstances of the case. The order in question (Annexure P-3) dated 21st February, 2002, reads as follows :

(3.) A formal order--Annexure P-4 dated 22nd February, 2002, merely follows the order Annexure P-3. In our view, orders Annexures P-3 and P-4 are devoid of reasons taking into account the fact that the respondent was required to address the circumstances of the case. We are of the view that this reference need not be answered because it is for the respondent to pass a reasoned order on the basis of rule 7.5 of the aforesaid Rules. The respondents are accordingly directed to pass a reasoned order in accordance with Rule 7.5 read with Rule 7.3 of the aforesaid Rules after taking into consideration the facts and circumstances of the case and it will be open to the petitioner to assail, in accordance with law, the order, if it goes against him. The said order shall be passed by the respondent on or before 19th July, 2010.