Himachal Pradesh High Court
The State Of H.P. & Others vs Gurcharan Singh & Others on 20 May, 2015
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.4295 of 2013-J
Date of Decision: 20.5.2015
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The State of H.P. & others ......Petitioners.
Versus
Gurcharan Singh & Others .....Respondents.
Coram:
The Hon 'ble Mr. Justice Sanjay Karol, Judge.
Whether approved for reporting? 1No.
For the Petitioners:
r to
Mr. R.S.Verma, Addl.AG., with Mr.
R.M. Bhist,
petitioners.
Dy.AG., for the
For the Respondents: Mr. Rahul Mahajan, Advocate.
Sanjay Karol, J (oral)
In the light of its findings to the effect that the original petitioner, Late Sh.Gurcharan Singh, was not only arrested but convicted in relation to an offence, so committed by him under the provision of section 324 of Indian Penal Code, in relation to FIR No.220 of 1990, dated 3.8.1990, the Tribunal, could not have proceeded to issue directions, holding him entitled to seniority and continuity in service from the date of his illegal termination w.e.f. 3.8.1990. It was not a case of illegal termination. It is here that the Tribunal committed illegality and as such present petition needs to be allowed.
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 18:13:18 :::HCHP 2Accordingly, the impugned order dated 2nd July, 2012(Annexure P-1) is quashed and set-aside.
With the aforesaid observations, petition is .
disposed of, so also pending application(s), if any.
(Sanjay Karol),
May 20, 2015 Judge.
(Shankar)
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