PIARALAL Vs. STATE OF PUNJAB
LAWS(SC)-1990-7-60
SUPREME COURT OF INDIA
Decided on July 10,1990

Piaralal Appellant
VERSUS
STATE OF PUNJAB Respondents


Cited Judgements :-

APSRTC CUDDAPAH DEPOT VS. PRESIDING OFFICER LABOUR COURT ANANTAPUR [LAWS(APH)-1995-7-102] [REFERRED TO]
VIJAI KUMAR KUSHWAHA VS. UNIVERSITY OF ALLAHABAD [LAWS(ALL)-1993-3-84] [REFERRED]


JUDGEMENT

- (1.)Heard counsel on both sides. We are of the view that the High court wrongly disregarded the fact that the respondents failure to supply to the appellant statements of allegations and copies of statements made by witnesses had vitiated the enquiry conducted against him. However, on the facts and in circumstances of this case, and particularly in view of the long passage of time, we are of the view that the appellant does not have to be reinstated in service. Furthermore, in view of the fact that the appellant has not worked for the period subsequent to September 26, 1957, back wages cannot be ordered to be paid to him. However, in view of the fact that the enquiry held against him was not proper and valid, we direct that the appellant shall be deemed to have been in service till he attained the age of superannuation solely for the purpose of computing pension and other retirement benefits, in respect of the post which he held at the time of the commencement of the enquiry against him.
(2.)The judgment of the High court is accordingly set aside and the appeal is allowed to the extent indicated,
(3.)The pension and other benefits referred to above shall be computed as early as possible, but not later than six months from today.
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