SARDARA SINGH, ACCOUNTS CLERK Vs. THE ADMINISTRATION OF UNION TERRITORY, CHANDIGARH AND OTHERS
LAWS(P&H)-1980-1-93
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 17,1980

Sardara Singh, Accounts Clerk Appellant
VERSUS
The Administration Of Union Territory, Chandigarh And Others Respondents

JUDGEMENT

- (1.) In view of the enunciation by the Supreme Court in Divisional Personnel Officer, Southern Railway and another v. T.R. Challappan, A.I.R. 1975 Supreme Court 2216-, of the requirement of affording an opportunity of hearing before the services are terminated in the wake of an order of conviction, while considering rule 14 of Railway Servants (Discipline and Appeal) Rules, 1968 which is identical with Rule 19 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, the impugned order Annexure P. 2 dismissing the petitioner has to be quashed. Mr. Chhiber appearing for the respondents has been frank enough to concede in the light of the Supreme Court decision the untenability of the dismissal order. We order accordingly. We also quash orders Annexure P. 4 cancelling the allotment of the Government house occupied by the petitioner and P. 5 requiring him to vacate the same. However, it is observed that the respondents would be entitled to pass a fresh order in the light of the judgment of the Supreme Court and after satisfying the requirement of rule 19 as spelled out by their Lordships by giving him hearing. No order as to costs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.