CHARANJIT KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The challenge in this petition is to the office order dated February 05, 2013 to the extent it denies monetary benefits from the date of dismissal till the date of joining duty, which means that the petitioner will not be paid salary during the interregnum. However, the period from dismissal to reinstatement will reckon notionally for benefits of service from the date of dismissal i.e. from January 31, 2011.

(2.) The relevant facts briefly put are thus unfolded. The petitioner was a Cook in ESI Hospital run by the Health Department, Punjab. He was convicted in a cheque bouncing case under Sec. 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 1000/ - vide judgment dated September 12, 2006 of the Judicial Magistrate. The appeal before the learned Additional Sessions Judge, Jalandhar failed on November 13, 2007. The petitioner was taken in judicial custody and was sent to Jail.

(3.) Aggrieved by the rejection of the appeal, the petitioner preferred Crl. Revision No. 260 of 2008 which was compromised on February 19, 2008. The conviction was upheld. However, the sentence was reduced to the period already undergone.