PUNJAB AND SIND BANK Vs. AMARJIT SINGH BHATIA

JUDGEMENT

(1.) Learned counsel for the appellant argues that the respondent was chargesheeted on 28.01.1998 for his misdemeanor and an enquiry was conducted, which led to his dismissal vide order dated 25.05.2001. He filed departmental appeal on 17.07.2000 and the appellate authority after considering his appeal and all the other facts relating to his service career vide order dated 04.04.2002 modified the punishment order from dismissal to compulsory retirement on humanitarian grounds.

(2.) The plaintiff-respondent filed a civil suit wherein the appellant was directed to count the period of 23.12.1997 to 04.04.2002 towards pensionary benefits of the respondent. The appeal filed by the appellant was also dismissed by Additional District Judge, Patiala.

(3.) Learned counsel for the appellant has argued that it was the dismissal order dated 25.05.2000 which was modified by the appellate authority as such respondent who was not in service of the appellant from that date cannot get the benefit of the period from 25.05.2001 to 04.04.2002 to be counted towards his pensionary benefits. He has relied upon the observations of Rajasthan High Court made in the case of Umraomal & others versus State of Rajasthan, 1955 AIR(Raj) 6, in support of his contention that when the order has been modified a modification relates to the date of original order.