DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The following substantial question of law falls for adjudication by this Court :

(2.) Concededly, the period of absence of the plaintiff-appellant stands regularized by conversion into leave of the kind due. In the light thereof, the imposition of penalty of stoppage of two increments with cumulative effect could not have been imposed. This view is supported by the law laid down by this Court in Jarnail Singh V/s. State of Punjab and others,2001 2 SLR 696. In that ruling, this Court relied upon State of Punjab V/s. Bakhshish Singh, 1998 5 SLR 625.

(3.) The reliance placed by the learned DAG Haryana upon Delhi Transport Corporation V/s. Sardar Singh, 2004 7 SCC 574, is mis conceived, inasmuch as the matter aforementioned pertained to the interpretation of what constituted a mis-conduct under the relevant standing orders of Delhi Transport Corporation. That judicial pronouncement is not applicable to the facts and circumstances of the present case.