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1 - 4 of 4 (0.22 seconds)Rajinder Kaur vs Punjab State & Anr on 8 August, 1986
Moreover, from the sequences of facts of his case the
inference is irresistible that the impugned order of
termination of the service of the appellant is of penal
nature having civil consequence. It is well settled by
several decisions of this Court that though the order is
innocuous on the face of it still then the Court that though
the order is innocuous on the face of it still then the
Court if necessary, for the ends of fair play and justice
can lift the veil and find out the real nature of the order
and if it is found that the impugned order is penal in
nature even though it is couched with the order of
termination in accordance with the terms and conditions of
the order of appointment, the order will be set aside.
Reference may be made in this connection to the decision of
this Court in Smt. Rajinder Kaur v. State of Punjab and
Another, [1989] 4 SCC 181 in which one of us is a party. It
has been held that:
Anoop Jaiswal vs Government Of India & Anr on 24 January, 1984
This case relied on the observations made by this Court
in the case of Anoop Jaiswal v. Government of India, [1984]
2 S.C.R. 453
80
wherein it has been observed that:
Hardeep Singh vs State Of Haryana & Ors on 13 August, 1987
In the premises aforesaid, we are constrained to
hold that the judgement rendered by the High Court is wholly
illegal and unwarranted and as such we quash and set aside
the same and affirm the judgement of the courts below. We
direct that the appellant be reinstated in the service
immediately and be paid all his emoluments i.e. pay and
allowances from the date of the order of his suspension i.e.
15.4.1980 till the date of reinstatement into service minus
the suspension allowance that had been received by the
appellant during the period of his suspension (if any). The
respondents are at liberty to consider the case of the
appellant for regularisation in the light of the norms laid
down in the executive instructions issued on 1st
January,1980 by Notification No. G.S.R./Const./Art. 309/80.
The appeal is allowed. There will be no order as to costs
in the facts the circumstances of the case.
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