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J.S Kataria vs Union Of India And Anr on 19 November, 2014

"Mr. Patwalia referred to the observations of R.S. Mongia, J. in Major Singh Gill v. State of Punjab, 1992(2) RSJ 236 to contend that the order of punishment passed in January 1994 should relate back to the period when the alleged misconduct had been committed. In paragraph 8, it was observed that ''the punishment which was awarded would relate back to the period when the alleged offence/misconduct was committed or in any case when the same was detected. Even if any punishment is awarded to the petitioner now that would relate back to the year 1973 when the alleged misconduct/irregularities took place or the year 1975 when the charge-sheet was served....'' This appears to be a fair rule. That being so, the petitioner's claim should be considered in the same manner as that of the other persons.
Punjab-Haryana High Court Cites 2 - Cited by 0 - R S Malik - Full Document

Balbir Singh vs Haryana Power Generation Corp. Ltd And ... on 8 February, 2016

In Major Singh Gill's case (supra), the enquiry was started in 1973 and was completed in 1986, but even till the decision of the case only a tentative decision had been taken to impose punishment of stoppage of one increment with cumulative effect. It was in these circumstances that it was observed that if any order of punishment is awarded now, it would relate back to the year 1973 when the alleged misconduct took place.
Punjab-Haryana High Court Cites 5 - Cited by 0 - H S Sidhu - Full Document

Balbir Singh Khokha vs State Of Haryana And Ors on 20 July, 2016

At this stage, reference can be made to a judgment passed in Major Singh Gill's case (supra). In that case, charge-sheet was issued to the petitioner in the year 1975 and continued till 1989. The case for promotion was to be taken up for consideration w.e.f. 01.01.1985, for which, five years record prior to the date was to be taken into consideration. After completion of enquiry, no action had been taken against the petitioner till 1989 and it was tentatively decided to impose punishment of stoppage of one increment with cumulative effect. In the above facts, it was held that punishment, if awarded, would relate back to the date of the incident i.e. 1973 or 1975. For consideration of his case for promotion w.e.f. 01.01.1985, record of five years was required to be seen and this punishment, even if, awarded in the year 1989, would not make the petitioner ineligible for promotion w.e..f 01.01.1985. The aforesaid petition was allowed by this Court.
Punjab-Haryana High Court Cites 3 - Cited by 0 - R Bahri - Full Document
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