- Court
- Supreme Court of India
- Decided
- 22 November 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeal disposed of.
Headnote
Service Law:
Discharge from service-Criminal case pending-Reinstatement of employee on discharge by criminal court-Period of suspension-Salary and other allowances-Entitlement to-Directions issued.
The State of Punjab has preferred the present appeals against the High Court's judgment directing reinstatement of the first respondent pending criminal prosecution.
Disposing of the appeal, this Court HELD : Admittedly the first respondent had been discharged by the Criminal Court for want of proper sanction, and he was reinstated in the service in January, 1988. Consequently, he is e.ntitled to full salary and allowances for the period during which he was kept under suspension. (583-A]
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
These appeals by special leave arise from the order dated August 8, 1991 of the Division Bench of the Punjab·_& Haryana High Court directing the reinstatement of the first respondent pending the criminal prosecution. Since it is now admitted across the Bar that the first respondent had been discharged by the Criminal Court for want of proper sanction, he was reinstated in the service in January, 1988. Consequently, he is entitled to full salary and allowances for the period during which he was kept under suspension.
The appeals are accordingly disposed of. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: _Civil Appeal No. 11459 of 1995 Etc.
From the Judgment and Ord~r dated 8.8.91 of the Punjab & Haryana p. High Court in C.M. No. 429 (LPA). of 1991.
Appearances
G.K. Bansal and Sanjay Bans~l for the Appellants.
K.K. Mohan, Pradeep Gupta and Ratan Lal for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.