- (1.) In the order passed by Director Public Instructions (S), Punjab, Chandigarh (hereinafter referred to as 'DPI(S)'), it has inter alia been observed as follows:- "I have heard both the counsels and have also gone through the record and I am of the considered opinion that the Managing Committee has miserably failed to make a case out of the present application. The only allegation made against Smt. Kulwinder is that of irregular withdrawal of House Allowance and the same is squarely covered under Instruction issued by my office as a policy dated 18.8.1988. I am constrained to bring this on record that the committee while dealing with the case of Smt. Kulwinder has stopped (stepped ?) out of this jurisdiction. The callous manner with which the committee has conducted the enquiry proceedings does reflect that there are some facts/circumstances that do not meet the eyes. Smt. Kulwinder has been terminated for an offence for which no punishment has been prescribed by the Government. I am fully agreeable to the arguments raised by the learned counsel for Smt. Kulwinder as discussed above in paras 2, 3 and 4. Due to the reasons recorded above, I order that the service of Smt. Kulwinder be reinstated with full back wages, and the payment of back wages be released to her within one month of the date of receipt of this order. No grant-in-aid will be released by the Govt. for this purpose. However, it is clarified that the amount drawn as HRA if in excess be recovered from her if not yet recovered of this order and compliance be reported to this Court.
(2.) The aforesaid order has been upheld by the Tribunal.
(3.) Mr. Saggar, learned counsel for the petitioner submits that the DPI(S) has erred in law while giving direction to the State of Punjab that no grant-in- aid will be released for making the payment of the backwages to respondent No. 4.;