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Punjab-Haryana High Court

State Of Punjab And Others vs Boota Singh on 21 December, 2016

Author: P.B. Bajanthri

Bench: P.B. Bajanthri

RSA No.5595 of 2016 (O&M)                                                -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                              RSA No.5595 of 2016 (O&M)
                                              Date of Decision:-21.12.2016.


State of Punjab and others

                                                               .....Appellants
                           Versus

Boota Singh


                                                             .......Respondent

CORAM:         HON'BLE MR. JUSTICE P.B. BAJANTHRI
                          ****

Present:      Mr. M.S. Naryal, Additional A.G. Punjab for the appellants.

                          ****

P.B. BAJANTHRI, J. (Oral)

In the last occasion, learned counsel for the appellants was directed to satisfy this Court to the extent whether Punjab Civil Services (Punishment and Appeal) Rules, 1970 is applicable to the retired employees or not. Learned counsel for the appellants fairly submitted that as per the applicability clause of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 do not apply for such of those retired employees. In the present appeal, the appellants have questioned the validity of the Trial Court as well as Appellate Court order dated 18.11.2014 and 22.1.2016, respectively. The respondent while working as a Superintendent Grade II in the Agriculture Department, he was subjected to disciplinary proceedings on certain allegations and it was concluded in imposing the penalty of compulsory retirement on 12.11.2007. Thereafter, the appellants have proceeded to recover the amount of ` 2,61,000/- from the gratuity in the absence of 1 of 2 ::: Downloaded on - 26-12-2016 02:03:40 ::: RSA No.5595 of 2016 (O&M) -2- passing any order under the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 while he was in service i.e. before retiring him on 12.11.2007. Therefore, order of the Trial Court as well as Appellate Court are in accordance with law. No interference is called for.

Appeal stands dismissed.

(P.B. BAJANTHRI) JUDGE December 21, 2016.

sandeep sethi


Whether speaking/reasoned:-                                   Yes / No



Whether Reportable:-                                          Yes / No.




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