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Smt. Mema Paul vs Income Tax Officer on 18 July, 2024 cites

State Of Punjab vs Amar Singh Harika on 6 January, 1966

In reaching the aforesaid conclusion, this Court relied on the earlier judgment rendered in State of Punjab v. Amar Singh Harika wherein this Court has held as follows: (AIR p. 1316, para 11) "11. The first question which has been raised before us by Mr Bishan Narain is that though the respondent came to know about the order of his dismissal for the first time on 28-5-1951, the said order must be deemed to have taken effect as from 3-6-1949 when it was actually passed. The High Court has rejected this contention; but Mr Bishan Narain contends that the view taken by the High Court is erroneous in law. We are not impressed by Mr Bishan Narain's argument. It is plain that the mere passing of an order of dismissal would not be effective unless it is published and communicated to the officer concerned. If the appointing authority passed an order of dismissal, but does not communicate it to the officer concerned, theoretically it is possible that unlike in the case of a judicial order pronounced in court, the authority may change its mind and decide to modify its order."
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