STATE OF PUNJAB AND OTHERS Vs. PARDEEP KUMAR

JUDGEMENT

(1.) The State is aggrieved against the judgment and decree dated 8.10.1988 passed by the Additional District Judge, Patiala whereby the appeal of the plaintiff-respondent was allowed and the order of discharge dated 11.4.1984 was set aside on the ground that it was penal in nature as the service of the respondent had been dispensed with because of his mis-conduct on account of absence from duty without permission/sanctioning of leave.

(2.) The reasoning given by the Lower Appellate Court was that show cause notice dated 15.2.1984 was issued for resumption of duty and that the plaintiff had reported on 18.2.1984 but he has not been allowed to mark his presence by the DSP Sukhdev Singh, incharge-defendant no.3. It was noticed that the said defendant had not appeared in the witness box to refute the allegations regarding the allegations made by the plaintiff and had not denied the facts. Finding was recorded that the presence of the plaintiff was marked on 19.3.1984 and accordingly in the absence of enquiry being conducted of the alleged misconduct, the impugned order was held to be bad. The suit was decreed by issuance of direction to allow the plaintiff to join his duty within 15 days from that day vide judgment dated 8.10.1988. The period of absence from 7.2.1984 to 16.3.1984 was ordered to be treated as leave of kind due after taking a decision whether or not he was entitled to grant of same. The salary, if any, was also ordered to be paid from the said date.

(3.) The State thereafter filed an application for staying operation of the judgment in view of the execution filed by the plaintiff which was supported by affidavit wherein it was mentioned that the plaintiff was reinstated on 7.3.1989. This Court thereafter stayed the execution proceedings on 2.2.2000 as the plaintiff was seeking arrears in view of the judgment of the Lower Appellate Court.