In re: Sawinder
Singh v. State of Punjab, 2001(1) Recent Criminal Reports (Criminal)
163, the accused had caused death of the deceased over a petty matter and
he was convicted under Section 304 Part-II of IPC, the sentence was
reduced to the already undergone.
In re: Sawinder Singh v. State of
Punjab, 2001(1) Recent Criminal Reports (Criminal) 163, the accused
had caused death of the deceased over a petty matter and he was convicted
under Section 304 Part-II of IPC. The sentence was reduced to the already
undergone.
Rule 9(a) of the Punjab State Electricity Board Services of
Engineers (Electrical) Regulations, 1965, prescribed the qualifications and
the number of posts which can be filled up by way of promotion to the post
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of Assistant Engineer. According to the said Rule, 10% of the cadre posts
of Assistant Engineers had to be filled up by promotion on seniority-cum-
merit from the technical subordinates Grade-I, which included Junior
Specialists along with other categories having holding 3 or 4 years diploma
in Electrical, Mechanical or Electronics/Tele-communication Engineering
of a recognized institute with 10 years as technical subordinate Gr-II or Gr.I
out of which a minimum of five years service should be in the capacity of
technical subordinates Gr.I.
It is an admitted position that the appellant-plaintiff possesses
one year ITI course from the National Council for Training in Vocational
Trades. He, therefore, does not possess or holding diploma in any of the
esteem which is of the duration of 3 or 4 years. He being, therefore, not
qualified for promotion to the post could not be entitled to the benefit of the
pay scales. Further, as per the findings recorded by the Courts below, the
appellant has not taken over the charge of the Shift Engineer nor has he
relinquished the charge of Junior Specialist and on the date of his
retirement, he has given charge of Junior Specialist. Nothing on the record
indicates that the appellant would be entitled to the benefit of the pay scale
of the post of Assistant Engineer especially in the light of the fact that he
does not fulfil the requisite qualification for the post. Reliance of the
Courts below on the judgments passed by this Court in Major Singh vs.
State and others, 2009 (4) SCT 315 as also Sawinder Singh vs. State of
Punjab, 1994 (4) SCT 157, cannot be said to be erroneous in any manner.
Vide this order, the cancellation/untraced report filed by
SSP Patiala has been rejected because the offence involved in the case
is non-compoundable and the file was ordered to be returned for re-
investigation. For the reasons given in Sawinder Singh's case
supra, the order of Lok Adalat is unsustainable being without
jurisdiction.
Mr.A.S.Rai,DAG,Punjab
Rakesh Kumar Jain,J:(Oral)
This order shall dispose of two petitions bearing CRM-M-
21985 of 2011 titled as Gulzar Singh and others Vs. State of Punjab in
which notice of motion was issued on 22.7.2011 and interim bail was
granted and CRM-M-23390 of 2011 titled as Sawinder Singh and another
Vs. State of Punjab in which notice of motion was issued on 4.8.2011 and
interim bail was granted.