Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Punjab Civil Services (Punishment and Appeal) Rules 1970 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Punjab Civil Services (Punishment and Appeal) Rules, 1970 – In the instant case, appellant was appointed as a clerk by the State Transport Department – Two FIRs were lodged against him and in connection with these cases he was suspended w.e.f 02.09.1986 – After appellant’s conviction, on 13.03.2003, an order of termination was issued against the appellant – Appellate authority set aside the termination order, however, directed that appellant would not be entitled to any salary for the period of suspension and it would be termed as dies non – This led to institution of civil suit in which it was held that once termination had been set aside, appellant is entitled to get salary, except for the period during which appellant had undergone imprisonment – On appeal, held: The manner in which the appellate authority must exercise its appellate jurisdiction is delineated in r.19 – r.5 provides for the penalties with which the employee can be visited with – The punishment as it is so described by the appellate authority viz., depriving the salary and placing the employee under dies non, do not appear to be penalties provided in r.5 – Thus the order of appellate authority was beyond the power prescribed under the rules – In regard to the period when appellant was kept out of service – r.15(v)(f) contemplates that when there is a dismissal, removal, compulsory retirement or reduction to a lower service and there is an order of reinstatement, the authority is to pass an order as to whether the period from the date of suspension till the date of his reinstatement, is to be treated as a period spent on duty for any purpose – An order being passed by the appellate authority finding the termination of employee to be illegal and leaves it there, it would not ipso facto inevitably follow that the employee will become entitled to claim the salary for the entire period consequent upon his being found to be entitled to reinstatement – This is a matter for the authority to decide – This exercise to be undertaken and concluded within three months. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 257 |
Petitioner | Sukhdarshan Singh |
Respondent | The State Of Punjab & Ors. |
SCR | [2022] 3 S.C.R. 1132 |
Judgement Date | 2022-03-03 |
Case Number | 811-812 |
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