STATE OF PUNJAB Vs. DR. PARTAP SINGH

JUDGEMENT

(1.) DR . Partap Singh was a Civil Surgeon being in the service of the State of Punjab in the Health Department and was due to retire in the normal course on attaining the age of superannuation on 16th of June, 1961. Since he had some leave to his credit, he proceeded on leave preparatory to retirement on 18th of December, 1960. The State Government by order, dated 3rd of June, 1961, extended the period of his service beyond the date of his retirement till the conclusion of an enquiry which was instituted the same day on some allegations of misconduct etc. and by another order of the same date, he was placed under suspension. To impugn the afore said action, Dr. Partap Singh filed a civil writ petition in this Court which was dismissed on 4th of April, 1962, which decision is reported in S. Partap Singh v. State of Punjab : A.I.R. 1963 P&H 298. Against the decision of this Court, Dr. Partap Singh preferred an appeal before the Supreme Court which was allowed on 2nd of September, 1963, which judgment is reported in S. Partap Singh v. State of Punjab : A.I.R. 1964 S.C. 72. The Supreme Court held that the orders, dated 3rd of June, 1961, extending the period of service beyond retirement, ordering an enquiry against him. and placing him under suspension were issued at the instance of Shri Partap Singh Kairori, the then Chief Minister, Punjab, due to mala fides against him and were quashed on this basis alone.

(2.) IN pursuance of the order of the Supreme Court, the Governor of Punjab issued notification, dated 7th of December, 1963, cancelling the previous orders of the Government, dated 3rd of June, 1961 and notified that Dr. Partap Singh stood retired from service on 16th of June, 1961, on attaining the age of superannuation. Since no provision was made in the aforesaid notification for payment of dues to him nor any payment was made within a reasonable period thereafter, Dr. Partap Singh filed a civil suit on 1st of August, 1964, for recovery of Rs. 2,00,000 against the State of Punjab, through the Secretary to Government, Punjab, Department of Medical and Public Health, Chandigarh in the following manner:

(3.) WHETHER the State of Punjab is not liable for acts of the Chief Minister? O.P.D.