THE STATE OF PUNJAB Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS Regular First Appeal has been preferred by the State of Punjab against the judgment and decree, dated August 31, 1961, passed by the Subordinate Judge, First Class, Patiala, whereby the suit of the Plaintiff -Respondent for recovery of Rs. 35,000 claimed as arrears of his salary and allowances from August 12, 1950, when the Plaintiff was suspended, till his reinstatement on July 15/18, 1957, was decreed with costs.

(2.) THE Plaintiff was in the service of the erstwhile Patiala State as one of the permanent Deputy Collectors. On the formation of the Patiala and East Punjab States' Union, he was integrated in the said Union Service and posted at Sangrur, as Deputy Collector, Irrigation Department, Sangrur Division. He is said to have reported for duty at Sangrur on December 15, 1948, but immediately afterwards proceeded on a week's casual leave and on the expiry of that leave, he is alleged to have obtained some more leave on medical grounds. It may be mentioned that he was for some time given medical leave and later he persisted for leave without pay. The State Government seemed to form an impression that the officer was malingering in persisting for leave and by a notification No. 177, dated August 12, 1950, the Pepsu Home Department placed him under suspension. This notification is in the following terms - -

(3.) THE enquiry against the Plaintiff had a very strange history and it was continued again after the report of January 24, 1951, exhibit D. 8. The same Shri Sohan Singh, Deputy Secretary, wrote to him on March 8, 1951, a letter, exhibit D. 9 asking the Plaintiff to see him in his office on March 10, 1951, as some omissions in the defence statement had to be supplied. It is significant to note that Shri Ram Sarup never took part in the enquiry proceedings and no document purports to have ever been signed by him and it was only the Deputy Secretary, Shri Sohan Singh, who was now and then writing letters to the Plaintiff.