GENERAL INSURANCE CORPORATION OF INDIA Vs. S R KALRA ASSISTANT MANAGER NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS is a Letters Patent Appeal on behalf of the General Insurance Corporation of India and others, against the judgment of a learned Single Judge of this Court who had allowed the writ petition of Shri S. R. Kalra, now respondent' who was the writ-petitioner in the writ petition.

(2.) AN order of punishment of reversion was passed against Shri S. R. Kalra on 8th June, 1990 after holding a departmental enquiry As the report of the Enquiry Officer was not supplied to him before the order of punishment was passed, the same was set aside by a learned Single Judge in view of the decision of the Apex Court in Union of India v. Mohd. Ramzan Khan, A. I. R. 1991 S. C. 471. The learned Single Judge relied upon a Division Bench judgment of this Court in Madan Lal v. Registrar, Co-operative Societies, Punjab, 1991 (5) S. L. R. 430. to hold that the law laid down in Mohd. Ramzan's case (supra) would be applicable to cases which were sub-judice and pending in some Courts, irrespective of the fact that the order of punishment was passed prior to the judgment in Mohd. Ramzan's case (supra ).

(3.) IN C. W. P. No. 5567 of 1989, the correctness of the Division Bench judgment in Madan Lal's case (supra) was doubted. By a judgment of even date in the said petition, i. e. C. W, P. No 5567 of 1989, [ since reported as D. L. Katyal v. The Indian Drugs and Pharmaceuticals Ltd. (1993-1) 103 P. L. R 382 (F. B.)-Editor ] we have held that the law laid down in Madan Lal's case (supra) is no more a correct law in view of later judgments of the Supreme Court, holding that the application of law laid down in Mohd. Ramzan's case (supra) is prospective.