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1 - 10 of 13 (0.23 seconds)Section 326 in The Indian Penal Code, 1860 [Entire Act]
Ishwar Singh vs State Of Haryana And Others on 10 July, 1995
In support of his argument, he relies upon the
judgments rendered in Sucha Singh Vs. State of Punjab and others 2014 (2) RSJ
370; Piara Singh Vs. State of Punjab and others 2014 (1) RSJ 241; Jaswinder
Singh Vs. Punjab State Power Corporation Limited and others 2016 (4) RSJ 207;
Ishwar Singh Vs. State of Haryana and others 2020 (3) SCT 50;Raghbir Singh Vs.
State of Punjab and others 2021 (2) PLR 485and Const.
Raghbir Singh vs State Of Punjab And Others on 12 January, 2021
In support of his argument, he relies upon the
judgments rendered in Sucha Singh Vs. State of Punjab and others 2014 (2) RSJ
370; Piara Singh Vs. State of Punjab and others 2014 (1) RSJ 241; Jaswinder
Singh Vs. Punjab State Power Corporation Limited and others 2016 (4) RSJ 207;
Ishwar Singh Vs. State of Haryana and others 2020 (3) SCT 50;Raghbir Singh Vs.
State of Punjab and others 2021 (2) PLR 485and Const.
Sukhchain Singh @ Jagga vs State Of Punjab on 28 January, 2015
7. A reading of the said rule would make it clear that the authority
competent to order re-instatement shall consider and make a specific order regarding
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CWP No.6336 of 2016(O&M) -5-
a government employee, who has been dismissed, removed, compulsorily retired or
suspended, and shall consider whether the employee will be entitled to pay and
allowances for the period of his absence from duty including the period of
suspension, preceding his dismissal, removal or compulsorily retired, as the case may
be. It is also an admitted fact that no departmental inquiry was initiated against the
petitioner. The petitioner herein was dismissed from service on the basis of FIR that
was registered against him under Sections 326, 324, 34 IPC and therefore, would be
entitled to pay and allowances for the period he remained out of service. The
judgments as relied upon by the counsel for the petitioner in Const. Sukhchain
Singh's case (supra) would be fully applicable to the present case where in similar
circumstances, the petitioner, who had been dismissed from service on account of
criminal charges and subsequently acquitted, was held to be entitled for full pay and
allowances by virtue of Rule 7.3 of the Punjab Civil Services Vol. 1 Part 1.
Ex-Constable Kulwant Singh vs State Of Punjab And Others on 1 September, 2008
The said
judgment in Sukhchan Singh's case also took note of the judgment rendered by this
Court in General Manager Operation Circle, Dakshin Haryana Bijli Vitran Nigam,
Narnaul and others Vs. Mathura Dass Gupta passed in LPA No.1580 of 2011 on
10.02.2012 wherein the Division Bench held that the petitioner was entitled to be
treated the period for which he was forced to remain out of service as duty period and
the judgment rendered in Ex. Constable Kulwant Singh Vs. State of Punjab and
others passed in CWP No.12000 of 2007 decided on 4.8.2008 where in similar
circumstances, the petitioner therein had been held to be entitled for pay and
allowances consequently by treating the period from the date of his dismissal till the
date of his reinstatement in service as duty period.
Sucha Singh And Anr vs State Of Punjab on 31 July, 2003
The said
judgment in Sukhchan Singh's case also took note of the judgment rendered by this
Court in General Manager Operation Circle, Dakshin Haryana Bijli Vitran Nigam,
Narnaul and others Vs. Mathura Dass Gupta passed in LPA No.1580 of 2011 on
10.02.2012 wherein the Division Bench held that the petitioner was entitled to be
treated the period for which he was forced to remain out of service as duty period and
the judgment rendered in Ex. Constable Kulwant Singh Vs. State of Punjab and
others passed in CWP No.12000 of 2007 decided on 4.8.2008 where in similar
circumstances, the petitioner therein had been held to be entitled for pay and
allowances consequently by treating the period from the date of his dismissal till the
date of his reinstatement in service as duty period.