STATE OF PUNJAB Vs. KRISHAN NIWAS
LAWS(SC)-1997-3-81
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
March 14,1997
STATE OF PUNJAB
Appellant
VERSUS
KRISHAN NIWAS
Respondents
Cited Judgements :-
BHIKHABHAI A VANAND VS. AMUL DAIRY ANAND [LAWS(GJH)-2005-2-32] [REFERRED TO]RAMESH RAI VS. CHAIRMAN S K G BANK [LAWS(ALL)-2005-2-188] [REFERRED TO]
PRAKASH G. GOYAL VS. SAYYED AYAZ ALI S/O MAKDOOM ALI [LAWS(BOM)-2018-9-18] [REFERRED TO]
ASIT RANJAN CHAKROBORTY VS. STEEL AUTHORITY OF INDIA LTD [LAWS(CAL)-2010-2-60] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. PANDURANG TRIMBAK DUSANE [LAWS(BOM)-2015-7-47] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. PANDURANG TRIMBAK DUSANE [LAWS(BOM)-2015-7-47] [REFERRED TO]
BHARAT COKING COAL LIMITED VS. INDRASANI DEVI, WIFE OF LATE LEHRA HARIJAN ALIAS LERHA HARIJAN [LAWS(JHAR)-2020-1-122] [REFERRED TO]
SAHEBRAO S/O PANDU PATIL VS. DIVISIONAL CONTROLLER, MAHARASHTRA ROAD TRANSPORT CORPORATION [LAWS(BOM)-2009-7-299] [REFERRED TO]
R K VYAS VS. M D S UNIVERSITY AJMER [LAWS(RAJ)-2001-2-44] [REFERRED TO]
BHARAT COKING COAL LIMITED VS. CHHOTU RAM MAHTO [LAWS(JHAR)-2022-2-66] [REFERRED TO]
ANIL VAIJNATH ARBAD VS. THE DIVISIONAL TRAFFIC SUPERINTENDENT M.S.R.T.C. AND ORS. [LAWS(BOM)-2016-1-92] [REFERRED TO]
K KKARUNAKAR VS. APSRTC [LAWS(APH)-2006-1-33] [REFERRED TO]
NATIONAL INSURANCE COMPANY VS. KAMAL PRAKASH ROHILA [LAWS(RAJ)-1997-12-13] [REFERRED TO]
PRIYABRATA SAHU VS. STATE ORISSA [LAWS(ORI)-2008-12-56] [REFERRED TO]
SANAT KUMAR DWIVEDI VS. DHAR JILA SAHAKARI BHOOMI VIKAS BANK MARYADIT [LAWS(SC)-2000-8-124] [REFERRED]
USHA MARTIN LIMITED VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-6-75] [REFERRED TO]
SAMANUNGBA AO S/O REPALIBA VS. STATE OF NAGALAND [LAWS(GAU)-2016-8-74] [REFERRED]
NARAYAN RAJARAM AMRE & ORS VS. STATE OF MAHARASHTRA & ORS [LAWS(BOM)-2019-3-170] [REFERRED TO]
AJAY ARJUN SINGH VS. SHARADENDU TIWARI & OTHERS [LAWS(SC)-2016-3-15] [REFERRED TO]
MANAGEMENT OF LIVE STOCK BREEDING AND DIARY FARM VS. PRAHALLAD BARIK [LAWS(ORI)-2009-3-86] [REFERRED TO]
MAHAVIR ICE AND COLD STORAGE (P) LTD. VS. SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, IPICO HOUSE [LAWS(ORI)-2008-12-57] [REFERRED TO]
KONKAN RAILWAY CORPORATION LIMITED AND ORS VS. VENKATESH AND ORS [LAWS(KAR)-2011-8-227] [REFERRED]
MADHU RANI VS. ALIGARH MUSLIM UNIVERSITY AND ORS. [LAWS(ALL)-2016-4-47] [REFERRED TO]
CHANDRAKANT VS. DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-2015-9-109] [REFERRED TO]
AVIJIT ROY VS. UNION OF INDIA [LAWS(CAL)-2013-2-124] [REFERRED TO]
EHTESHAM ULLAH KHAN VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(ALL)-2003-5-118] [REFERRED TO]
RAJVIR SINGH VS. COMMITTEE OF MANAGEMENT, KISAN DEGREE COLLEGE, SIMBHAOLI & OTHERS [LAWS(ALL)-2006-1-308] [REFERRED TO]
RAJENDRA INSTITUTE OF MEDICAL SCIENCES VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-9-133] [REFERRED TO]
STATE OF UTTAR PRADESH VS. TRILOKI NATH PANDEY H C C P 232 [LAWS(ALL)-2004-12-201] [REFERRED TO]
M YELLAIAH VS. MANAGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION MUSHEERABAD HYDERABAD [LAWS(APH)-1999-2-22] [FOLLOWED ON]
P J ANTONY VS. SPICES BOARD, SUGANTHA BHAVAN [LAWS(KER)-2017-11-252] [REFERRED TO]
PRAMOD DHANODKAR VS. PUNJAB NATIONAL BANK [LAWS(MPH)-2011-7-51] [REFERRED TO]
PURNIMA MANTHENA AND ORS. VS. RENUKA DATLA AND ORS. [LAWS(SC)-2015-10-16] [REFERRED TO]
PRASHANT BOHRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-10-7] [REFERRED TO]
NARESH BHANSALI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-8-39] [REFERRED TO]
UNION OF INDIA VS. N M DHOBI [LAWS(GJH)-2005-8-66] [REFERRED TO]
SRI JENAMANI SHAILENDRA KR. RAY VS. ORISSA STATE FINANCIAL CORPORATION AND 2 ORS. [LAWS(ORI)-2008-9-97] [REFERRED TO]
ABHISHEK KUMAR RAI VS. INDIAN INSTITUTE OF TECHNOLOGY, BHUBANESWAR, KHURD [LAWS(ORI)-2018-5-27] [REFERRED TO]
Venkatesh S/o Narasimha Devadiga VS. The Konkan Railway Corporation Limited, Kundapura, Rep. By The Deputy Chief Enginner [LAWS(KAR)-2011-8-176] [REFERRED TO]
VIJAY RAJ KAILASH CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-2] [REFERRED TO]
ASHRAF KHAN VS. CENTRAL ADMINISTRATIVE TRIBUNAL AND 5 ORS [LAWS(ALL)-2018-1-131] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. PRAKASH TULSHIRAM PARDESHI [LAWS(BOM)-2008-4-76] [REFERRED TO]
AJAY KUMAR GUPTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-3-9] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted. We have heard counsel on both sides.
(2.)This appeal, by special leave, arises from the judgment of the Punjab and Haryana High Court made on March 7, 1996 in Second Appeal No. 2662/95.
(3.)The admitted facts are that the respondent was charged for an offence under S. 302, IPC. He was convicted and sentenced to undergo imprisonment for life. Thereafter, proceedings were initiated against him under Art. 311 (2) of the Constitution and he was removed from service. Appeal against his conviction under S. 302, IPC was allowed by the High Court. Punishments of conviction under S. 302 IPC was modified to one under S. 325, IPC and he was directed to undergo rigorous imprisonment for 1 1/2 years. After under-going the imprisonment, the respondent filed an appeal before the appellate authority. The appellate authority by order dated March 1, 1989 reduced the punishment of removal from service to lower scale of pay drawn by him and directed that he was not entitled to back-wages. The respondent accepted it and joined duty on June 5, 1989. Subsequently, he filed a civil suit for declaration that his dismissal from the service and reduction of rank and also the direction that he is not entitled to pay the arrears of wages, were illegal. The trial Court dismissed the suit. On appeal, the Addl.District Judge reversed the judgment of the trial Court and decreed the suit. In the second appeal, the High Court has confirmed the same. Thus, this appeal, by special leave.
(2.)This appeal, by special leave, arises from the judgment of the Punjab and Haryana High Court made on March 7, 1996 in Second Appeal No. 2662/95.
(3.)The admitted facts are that the respondent was charged for an offence under S. 302, IPC. He was convicted and sentenced to undergo imprisonment for life. Thereafter, proceedings were initiated against him under Art. 311 (2) of the Constitution and he was removed from service. Appeal against his conviction under S. 302, IPC was allowed by the High Court. Punishments of conviction under S. 302 IPC was modified to one under S. 325, IPC and he was directed to undergo rigorous imprisonment for 1 1/2 years. After under-going the imprisonment, the respondent filed an appeal before the appellate authority. The appellate authority by order dated March 1, 1989 reduced the punishment of removal from service to lower scale of pay drawn by him and directed that he was not entitled to back-wages. The respondent accepted it and joined duty on June 5, 1989. Subsequently, he filed a civil suit for declaration that his dismissal from the service and reduction of rank and also the direction that he is not entitled to pay the arrears of wages, were illegal. The trial Court dismissed the suit. On appeal, the Addl.District Judge reversed the judgment of the trial Court and decreed the suit. In the second appeal, the High Court has confirmed the same. Thus, this appeal, by special leave.
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