STATE OF PUNJAB Vs. DHARAM SINGH
LAWS(SC)-1968-2-17
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on February 02,1968

STATE OF PUNJAB Appellant
VERSUS
DHARAM SINGH,DES RAJ Respondents


Cited Judgements :-

STATE OF U P VS. GAJADHAR PANDEY [LAWS(ALL)-2002-11-97] [REFERRED TO]
INDIAN INSTITUTE OF TECHNOLOGY KANPUR VS. PRESIDING OFFICER LABOUR COURT 2 KANPUR NAGAR [LAWS(ALL)-2008-8-13] [REFERRED TO]
PRATAP SINGH VS. UNION TERRITORY OF CHANDIGARH [LAWS(SC)-1979-9-11] [EXPLAINED AND APPLIED]
CHANDRA PRAKASH SHAHI VS. STATE OF UTTAR PRADESH [LAWS(SC)-2000-4-29] [REFERRED]
RAJINDER SINGH CHAUHAN VS. STATE OF HARYANA [LAWS(SC)-2005-11-17] [REFERRED TO]
R SRINIVASAN VS. KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVELOPMENT CORPORATION LTD [LAWS(KAR)-1987-3-31] [REFERRED TO]
DR. SRINIVASA K. VS. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, BENGALURU AND OTHERS [LAWS(KAR)-2017-5-21] [REFERRED TO]
RIKHI RAM JASWAL VS. UNION OF INDIA [LAWS(P&H)-1997-7-254] [REFERRED]
TARLOK SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-3-168] [REFERRED TO]
DR RAVINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-7-114] [REFERRED TO]
DEVI SHANKER PARBHAKAR VS. THE STATE OF HARYANA ETC. [LAWS(P&H)-1971-1-26] [REFERRED TO]
CHAMAN LAL EX-TAXATION SUB-INSPECTOR VS. THE STATE OF PUNJAB AND OTHERS [LAWS(P&H)-1968-12-13] [REFERRED TO]
SUJATA KAUR VS. SHILLONG CANTONMENT BOARD AND ORS. [LAWS(MEGH)-2018-7-8] [REFERRED TO]
BASHIR AHMAD MALLA VS. J K CEMENTS LIMITED [LAWS(J&K)-2001-2-12] [REFERRED TO]
L. NIRANJAN KUMAR VS. UNIVERSITY OF MADRAS [LAWS(MAD)-2004-12-187] [REFERRED TO]
GAUTAM KANT NIMAAN VS. GNCT OF DELHI [LAWS(DLH)-2010-10-56] [REFERRED TO]
V.K. MITTAL & ORS VS. REGISTRAR GENERAL, HIGH COURT OF DELHI & ORS [LAWS(DLH)-2016-1-109] [REFERRED TO]
MAYOORIBEN J THAKORE VS. GUJARAT AGRO INDUSTRIES [LAWS(GJH)-2000-4-29] [REFERRED]
CHHAYABEN LABHSHANKER MEHTA VS. STATE OF GUJARAT [LAWS(GJH)-2004-12-31] [REFERRED TO]
KHAR BHAN RAM VS. GENERAL MANAGER PUNJAB NATIONAL BANK [LAWS(ALL)-1992-5-54] [REFERRED TO]
THE INDIAN IRON & STEEL CO. LTD. & ORS. VS. LT. COL. DIPANKAR BHATTACHARYA & ORS. [LAWS(CAL)-1990-6-39] [REFERRED TO]
LT COL DIPANKAR BHATTACHARJEE VS. UNION OF INDIA [LAWS(CAL)-1987-4-20] [REFERRED TO]
MICRO ABRASIVES INDIA LTD VS. DHANVIR SINGH [LAWS(ALL)-2001-2-130] [REFERRED TO]
STATE OF U P VS. U P PUBLIC SERVICE TRIBUNAL III LUCKNOW [LAWS(ALL)-2001-4-101] [REFERRED TO]
KURUMURTHY VS. MINISTRY OF POWER [LAWS(APH)-2011-3-120] [REFERRED TO]
P. VENKATESWARLU VS. THE DIVISIONAL OFFICE, LIFE INSURANCE CORPORATION OF INDIA [LAWS(APH)-2013-11-179] [REFERRED TO]
RAJ KAMAL SONKAR VS. HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2016-4-55] [REFERRED TO]
RAM PAL SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-94] [REFERRED TO]
RAJ KAMAL SONKAR VS. HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2016-5-383] [REFERRED]
AKANKSHA BHARDWAJ VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-5-16] [REFERRED TO]
NATIONAL BOARD OF EXAMINATIONS VS. RAJNI BAJAJ [LAWS(DLH)-2012-2-549] [REFERRED TO]
KANTI BHUSAN BHOWMICK VS. KALYANI UNIVERSITY [LAWS(CAL)-1994-5-1] [REFERRED TO]
LALOO YADAV VS. UNION OF INDIA [LAWS(DLH)-2011-9-312] [REFERRED TO]
SHAHAJILINGRAM BHOSALE VS. CHIEF ADMINISTRATIVE OFFICER CITY CIDCO OF MAHARASHTRA LTD [LAWS(BOM)-2003-7-56] [REFERRED TO]
MAHINDER SINGH VS. M/S. INDIAN AIRLINES LTD. [LAWS(DLH)-2016-9-65] [REFERRED TO]
KARNATAKA SILK INDUSTRIES VS. Y N KRISHNA MURTHY [LAWS(KAR)-2018-4-103] [REFERRED TO]
UTTAM KUMAR MAJHI VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-2-43] [REFERRED TO]
WASIM BEG VS. STATE OF UTTAR PRADESH [LAWS(SC)-1998-3-54] [RELIED ON]
STATE OF GUJARAT VS. AKHILESH C BHARGAV [LAWS(SC)-1987-8-53] [FOLLOWED]
MOTILAL VS. UNION OF INDIA [LAWS(RAJ)-1973-3-21] [REFERRED TO]
DEO NARAYAN JHA VS. STATE OF BIHAR [LAWS(PAT)-1995-9-31] [REFERRED TO]
N. SHAMSUL HUNDA VS. STATE OF KERALA [LAWS(KER)-2007-2-761] [REFERRED TO]
RAMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2001-3-74] [REFERRED TO]
KULKARNI SUDHEER HANUMANTH RAO VS. STATE OF KARNATAKA [LAWS(KAR)-2005-2-25] [REFERRED TO]
MARY KUTTY VS. HINDUSTHAN TIMES [LAWS(KAR)-2006-3-13] [REFERRED TO]
NARENDER SINGH RAO VS. THE STATE OF HARYANA, ETC. [LAWS(P&H)-1973-11-28] [REFERRED TO]
RAJ KUMAR, A.S.I. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-1980-10-37] [REFERRED TO]
RAJ KUMAR, A.S.I. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-1980-10-37] [REFERRED TO]
KHUSHI RAM GILL VS. THE STATE OF PUNJAB, ETC. [LAWS(P&H)-1972-10-34] [REFERRED TO]
ASHA SETIA VS. STATE OF HARYANA [LAWS(P&H)-1995-1-230] [REFERRED]
DR. V.S. DHAKA, H.C.M.S. VS. THE STATE OF HARYANA AND ANOTHER [LAWS(P&H)-1989-7-101] [REFERRED TO]
AMRESH KUMAR SHARMA VS. PUNJAB HOUSING BOARD [LAWS(P&H)-1997-7-248] [REFERRED]
MRS. RAJI RAVISHANKAR VS. MANAGEMENT OF NEW INDIAN EXPRESS PUBLICATIONS (MAUDRAI) LTD. [LAWS(MAD)-2018-7-1732] [REFERRED TO]
D.R. Rahul VS. High Court of M.P. [LAWS(MPH)-1998-1-48] [REFERRED TO]
Bhura Lal Pagare VS. State of M.P. [LAWS(MPH)-1998-6-12] [REFERRED TO]
MRS. RAJ LAXMI CHANDRAWAT VS. THE BOARD OF SECONDARY OF EDUCATION & ANR. [LAWS(MPH)-2004-10-63] [REFERRED TO]
STATE OF U P VS. NAND KISHORE HARBOLA [LAWS(ALL)-1996-12-50] [REFERRED TO]
SWATANTRA KUMAR SINGH VS. GORAKHPUR KSHETRIYA GRAMIN BANK [LAWS(ALL)-2000-5-167] [REFERRED TO]
ZILA PARISHAD VS. JATA SHANKER [LAWS(ALL)-1991-4-164] [REFERRED TO]
M DAVID SAM ROY VS. HYDERABAD PUBLIC SCHOOL SOCIETY [LAWS(APH)-2011-9-108] [REFERRED TO]
AJIT SINGH NAYYER VS. UNION OF INDIA AND ANR [LAWS(DLH)-2006-9-276] [REFERRED]
GOVT OF NCT OF DELHI VS. SUB INSPECTOR OM PRAKASH MEENA [LAWS(DLH)-2010-8-58] [REFERRED TO]
PANKAJ SURESH BHADANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-6-97] [REFERRED TO]
BHIKAMSINGH S O CHATARSINGH SAPKAL VS. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-1980-4-17] [REFERRED TO]
VIKRAM PHARMACEUTICALS PVT.LTD., PARWANOO VS. THE PRESIDING OFFICER LABOUR COURT [LAWS(HPH)-1990-6-2] [REFERRED TO]
SANGAMSEL MAKING VS. STATE OF MANIPUR [LAWS(GAU)-2002-7-13] [REFERRED TO]
KENDRIYA VIDYALAYA SANGATHAN VS. POONAM TIWARI [LAWS(GAU)-2006-9-5] [REFERRED TO]
SHRI SUDHISH CHANDRA ANAND VS. UNION OF INDIA AND ORS. [LAWS(DLH)-1972-7-17] [REFERRED TO]
RAS BIHARI VS. DIRECTOR OF EDUCATION [LAWS(DLH)-1983-1-34] [REFERRED]
GUJARAT BANK WORKERS UNION VS. JAMNAGAR DISTRICT CO OP BANK LIMITED [LAWS(GJH)-1977-4-3] [REFERRED]
STATE OF HARYANA VS. RAJINDRA SAREEN [LAWS(SC)-1971-11-27] [DISTINGUISHED]
OM PARKASH MAURYA VS. U P COOPERATIVE SUGAR FACTORIES FEDERATION LUCKNOW [LAWS(SC)-1986-5-36] [RELIED ON]
PARAMJIT SINGH VS. RAM RAKHA [LAWS(SC)-1979-3-45] [APPLIED]
M K AGARWAL VS. GURGAON GRAMIN BANK [LAWS(SC)-1987-11-83] [RELIED ON]
MUNICIPAL CORPORATION RAIPUR VS. ASHOK KUMAR MISRA [LAWS(SC)-1991-4-32] [DISTINGUISHED]
DAYARAM DAYAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-1997-8-56] [CONSIDERED]
A NARAYAN RAO VS. VICE CHANCELLOR UNIVERSITY OF HYDERABAD [LAWS(APH)-2009-3-19] [REFERRED TO]
K. Bhaskara Acharya S/o Ganapayya Acharya, Assistant Professor of Mechanical Engineering, Siddhartha Institute of Technology VS. The Management of Sri. Siddhartha Education Society, represented by its Secretary and The Principal, Sri. Siddhartha [LAWS(KAR)-2007-1-61] [REFERRED TO]
DHANALAKSHMI VS. PRINCIPAL SECRETARY TO GOVT COMMERCE AND INDUSTRIES DEPARTMENT [LAWS(KAR)-2005-10-21] [REFERRED TO]
KARNATAKA SILK INDUSTRIES CORPORATION LIMITED VS. Y N KRISHNA MURTHY [LAWS(KAR)-2006-2-49] [REFERRED TO]
RAJENDRA JAIBHADRA JHA VS. J.P. CHOUDHARY AND OTHERS [LAWS(PAT)-1970-1-13] [REFERRED TO]
THE STATE OF HARYANA VS. DEV DUTT GUPTA AND ANR. [LAWS(P&H)-1969-5-36] [REFERRED TO]
M.K. PURI VS. HARYANA STATE ELECTRICITY BOARD [LAWS(P&H)-1983-5-82] [REFERRED TO]
RANJIT SINGH VS. THE PRESIDING OFFICER, COLLEGE TRIBUNAL, PUNJAB CHANDIGARH AND OTHERS [LAWS(P&H)-1989-5-105] [REFERRED TO]
BHABANI PRASAD DASH VS. ARBITRATOR-CUM-DIRECTOR OF TEXTILES [LAWS(ORI)-1993-4-27] [REFERRED TO]
C.N. APPU AND ANOTHER VS. C. KUTTIKRISHNAN NAIR AND OTHERS [LAWS(KER)-1978-1-35] [REFERRED TO]
B K GUPTA VS. M P STATE CO OP MARKETING FEDERATION LTD [LAWS(MPH)-1992-11-34] [REFERRED TO]
RATAN KUMAR SRIVASTAVA VS. U.P. FINANCIAL CORPORATION AND OTHERS [LAWS(ALL)-1985-12-48] [REFERRED TO]
SRI J.C. MONDOLOI VS. OIL AND NATURAL GAS COMMISSION AND 2 ORS. [LAWS(GAU)-1986-6-9] [REFERRED TO]
AJIT SINGH NAYYER VS. UNION OF INDIA [LAWS(DLH)-2005-11-38] [REFERRED TO]
ARUNKUMAR M. MEHTA VS. STALE OF GUJARAT [LAWS(GJH)-1991-5-10] [REFERRED TO]
STATE OF GUJARAT VS. CHINTAN HARISHBHAI VAISHNAV [LAWS(GJH)-2023-4-1141] [REFERRED TO]
H L RODHEY VS. DELHI ADMINISTRATION [LAWS(DLH)-1968-8-4] [REFERRED TO]
MRS. SANDHYA BALIGA VS. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE AND SH. S.S. RANA PRESENTLY WORKING AS DIRECTOR GENERAL (VIG.) CUSTOMS & CENTRAL EXCISE [LAWS(CA)-2014-2-22] [REFERRED TO]
PARTAP SINGH DEBAS VS. GOVERNOR UNION TERRITORY OF DELHI [LAWS(DLH)-2006-6-15] [REFERRED TO]
GOLAK NATH BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-1974-3-1] [REFERRED TO]
JAI PRAKASH VS. SCHOOL MANAGEMENT OF ITL PUBLIC SCHOOL AND ORS. [LAWS(DLH)-2015-7-193] [REFERRED TO]
SYED ABBAS HUSSAIN NAGRI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1970-4-25] [REFERRED TO]
SUNIL KUMAR SHARMA VS. STATE OF U P [LAWS(ALL)-1997-4-113] [REFERRED TO]
VISHNU PRABHAKAR MISHRA VS. STATE OF U P [LAWS(ALL)-1996-4-25] [REFERRED TO]
I. B. SINHA AND OTHERS VS. CHANCELLOR, LUCKNOW UNIVERSITY, LUCKNOW AND OTHERS [LAWS(ALL)-1987-3-114] [REFERRED TO]
PRAMOD KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-1991-9-63] [REFERRED TO]
MANJIT SINGH BAWA VS. FOOD CORPORATION OF INDIA [LAWS(CAL)-2007-3-91] [REFERRED TO]
RAVEENDRAN VS. SREE NARAYANA COLLEGE [LAWS(KER)-2001-9-28] [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD VS. SHRI CHOTH MAL KUMAWAT [LAWS(RAJ)-2005-11-63] [REFERRED TO]
PANDEY MADAN MOHAN PRASAD SINHA VS. STATE OF BIHAR [LAWS(PAT)-1990-10-4] [REFERRED TO]
PANKAJ KUMAR VS. THE LIC OF INDIA AND ORS [LAWS(PAT)-2019-4-139] [REFERRED TO]
KANHAIYA LAL MEENA VS. INDIAN OIL CORPORATION LTD. AND OTHERS [LAWS(RAJ)-1991-8-50] [REFERRED TO]
CHHOTE LAL PATWARI VS. THE STATE OF HARYANA, ETC. [LAWS(P&H)-1972-1-37] [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-1980-9-37] [REFERRED TO]
N K DUTTA VS. PUNJAB STATE COOP SUPPLY & MARKETING FEDERATION LTD [LAWS(P&H)-1994-7-151] [REFERRED]
VIRENDRA KUMAR MATHUR VS. M P RAJYA SAHAKARI UPABHOKTA SANGH MAYDT BHOPAL [LAWS(MPH)-2004-7-44] [REFERRED TO]
RAJLAXMI CHANDRAWAT VS. BOARD OF SECONDARY EDUCATION [LAWS(MPH)-2004-10-18] [REFERRED TO]
S. RAJAMOHANAN VS. ASSISTANT GENERAL MANAGER [LAWS(KER)-1984-8-48] [REFERRED TO]
TMT. S. UMAMAHESWARI VS. THE HIGH COURT OF JUDICATURE AT MADRAS [LAWS(MAD)-2017-12-157] [REFERRED TO]
V KRISHNAVENI VS. PRINCIPAL DISTRICT AND SESSIONS JUDGE [LAWS(MAD)-2018-3-544] [REFERRED TO]
HYDERABD PUBLIC SCHOOL SOCIETY VS. M DAVID SAM ROY [LAWS(APH)-2012-8-15] [REFERRED TO]
KANEEZ FATIMA VS. PRINCIPAL HAMIDIA GIRLS INTER COLLEGE ALLAHABAD [LAWS(ALL)-1997-5-117] [REFERRED TO]
RAMAPAL MANDADA VS. LIFE INSURANCE CORPORATION [LAWS(APH)-1975-4-2] [REFERRED TO]
SATYENDRA NATH BOSE NATIONAL CENTRE FOR BASIC SCIENCES VS. ABHIJIT GUPTA AND ORS. [LAWS(CAL)-2002-12-37] [REFERRED TO]
HARI CHAND VS. FOOD CORPORATION OF INDIA [LAWS(DLH)-2001-2-22] [REFERRED]
UMESH NARAIN SINGH VS. UNION OF INDIA [LAWS(ALL)-1984-10-14] [REFERRED TO]
INDIAN TOBACCO COMPANY LIMITED VS. INDUSTRIAL COURT MAH NAGPUR BENCH [LAWS(BOM)-1989-10-9] [REFERRED TO]
M.I. MASIH VS. PEOPLES WELFARE SOCIETY AND OTHERS [LAWS(BOM)-1981-8-50] [REFERRED TO]
SAHABRAO GYANUJI WAGHMARRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1983-6-13] [REFERRED TO]
THE MANAGEMENT OF MONIERKHAL TEA ESTATE VS. THE PRESIDING OFFICER, LABOUR COURT AND ANR. [LAWS(GAU)-1986-6-16] [REFERRED TO]
HINDUSTAN ANTIBIOTICS LTD. VS. SANDEEP GUPTA [LAWS(DLH)-2022-11-150] [REFERRED TO]
HIRA SINGH VS. UNION OF INDIA [LAWS(DLH)-1969-9-13] [REFERRED 2.]
SHRI NARESH KUMAR VS. DELHI TRANSPORT CORPORATION AND OTHERS [LAWS(DLH)-1977-11-19] [REFERRED TO]
MANAGING COMMITTEE VS. JYOTI SINGH [LAWS(JHAR)-2020-9-84] [REFERRED TO]
SURENDRA KUMAR AGARWAL VS. ENGINEER IN CHIEF U P P W D LUCKNOW [LAWS(ALL)-2003-11-134] [REFERRED TO,]
V SANTHI SIRI VS. PONDICHERRY UNIVERSITY [LAWS(MAD)-2011-11-213] [REFERRED TO]
BASAVARAJ PATIL VS. HYDERABAD KARNATAKA EDUCATION SOCIETY GULBARGA [LAWS(KAR)-1992-8-38] [FOLLOWED ON]
MAYURI HIMMATLAL PANCHAL VS. HIGH COURT OF GUJARAT [LAWS(GJH)-2024-8-44] [REFERRED TO]
P SRINIVASA RAMACHANDER VS. CENTRAL MACHINE TOOLS INSTITUTE BANGALORE [LAWS(KAR)-1998-7-10] [REFERRED TO]
SRINIVASA K S/O KENCHAIAH KKAR VS. GOVERNMENT OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY [LAWS(KAR)-2017-5-28] [REFERRED TO]
REGISTAR HIGH COURT OF GUJARAT VS. C G SHARMA [LAWS(SC)-2004-11-61] [REFERRED TO]
GENERAL MANAGER SOUTHERN RAILWAY MADRAS VS. T M PARAMASIVAM [LAWS(SC)-1976-4-16] [REFERRED TO]
DURGABAI DESHMUKH MEMORIAL SR. SEC. SCHOOL VS. J. A. J. VASU SENA [LAWS(SC)-2019-8-90] [REFERRED TO]
SUBODH PRASAD VS. BHARAT WAGON & ENGINEERING COMPANY LIMITED AND ORS. [LAWS(PAT)-2015-7-146] [REFERRED TO]
DR. BAJRANG LAL SHARMA VS. STATE OF RAJASTHAN AND ANOTHER [LAWS(RAJ)-2001-3-144] [REFERRED TO]
R.L. JASUJA VS. LIFE INSURANCE CORPORATION OF INDIA AND ORS. [LAWS(RAJ)-2015-5-32] [REFERRED TO]
HARI KISHAN VS. STATE OF HARYANA [LAWS(P&H)-1968-10-56] [REFERRED]
RAM DUTT VS. STATE OF HARYANA [LAWS(P&H)-1968-9-10] [REFERRED TO]
BALWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1969-2-37] [REFERRED]
ASTAMIJA DASH VS. PUNJAB NATIONAL BANK [LAWS(ORI)-2005-5-21] [DISTINGUISHED]
KARTAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2004-5-149] [REFERRED]
AMARJIT SINGH SANDHU VS. STATE OF PUNJAB [LAWS(P&H)-2005-5-176] [REFERRED]
AYODHYA PRASAD SINGH VS. REGISTRAR CO-OPERATIVE SOCIETIES [LAWS(ORI)-1969-8-6] [REFERRED TO]
R.K. SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2014-4-3] [REFERRED TO]
S.M.D.R.S.D. COLLEGE SOCIETY VS. STATE OF PUNJAB [LAWS(P&H)-2008-10-88] [REFERRED TO]
CHHATARSAL SINGH YADAV VS. STATE OF MP [LAWS(MPH)-1972-3-18] [REFERRED TO]
B B MATHUR & ANOTHER VS. SUBHASH SAXENA & OTHERS [LAWS(MPH)-2014-4-215] [REFERRED]
BAISHALI CHOUDHURI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-2-134] [REFERRED TO]
MANJEET SHARMA AND ORS. VS. UNION OF INDIA THROUGH THE SECRETARY, THE DIRECTOR, DIRECTORATE OF PRINTING, SHRI SURENDRA SINGH AND MANAGER, GOVT. OF INDIAS PRESS [LAWS(CA)-2014-3-40] [REFERRED TO]
PARDEEP KUMAR VS. THE SECRETARY, NATIONAL OILSEEDS & VEGETABLE OIL DEVELOPMENT BOARD AND THE EXECUTIVE DIRECTOR, NATIONAL OILSEEDS & VEGETABLE OIL DEVELOPMENT BOARD [LAWS(CA)-2014-4-62] [REFERRED TO]
SUNIL KUMAR VS. DISTRICT & SESSIONS JUDGE, BALRAMPUR [LAWS(ALL)-2013-10-40] [REFERRED TO]
AJAY KUMAR MISHRA VS. STATE OF U P [LAWS(ALL)-2014-9-589] [REFERRED TO]
GENERAL MANAGER, PUNJAB NATIONAL BANK VS. KHAR BHAN RAM [LAWS(ALL)-1994-2-139] [REFERRED]
GURU ADHIN VS. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION OF U.P. LTD., LUCKNOW AND OTHERS [LAWS(ALL)-1988-4-121] [REFERRED TO]
HARI DUTT SHARMA VS. STATE CANE SERVICE AUTHORITY, U.P. AND OTHERS [LAWS(ALL)-1985-9-84] [REFERRED TO]
A. K. VASUDEVA VS. THE ADMINISTRATOR, GOVERNOR, HIMACHAL PRADESH, SIMLA, AND ORS. [LAWS(HPH)-1975-12-20] [REFERRED TO]
HIRA NAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1981-6-6] [REFERRED TO]
A.K. VASUDEVA VS. THE STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-1972-7-10] [REFERRED TO]
JAGDEVSINGH B VS. UNION OF INDIA [LAWS(GJH)-2011-2-185] [REFERRED TO]
YAMINI J DAVE VS. DIRECTOR I U C A A [LAWS(GJH)-2004-4-43] [REFERRED TO]
MALIK ABDUL AHAD SHAH JALIL AHMAD AKHTAR VS. STATE OF J&K [LAWS(J&K)-1981-10-1] [REFERRED TO]
SAHABRAO GYANUJI WAGHMORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1983-1-54] [REFERRED]
DEBA KUMAR DAS VS. GAUHATI HIGH COURT [LAWS(GAU)-2007-10-19] [REFERRED TO]
VEERAPPA RACHAPPA SABOJI VS. B P DALAI [LAWS(BOM)-1976-3-35] [REFERRED]
VIKRAM BAKSHI VS. UNION OF INDIA [LAWS(DLH)-2001-1-6] [REFERRED]
ARCHANA DAYAL VS. UNION OF INDIA [LAWS(DLH)-2005-5-13] [REFERRED TO]
K M BINDRA VS. UNION OF INDIA [LAWS(DLH)-1981-1-21] [REFERRED]
NILAM TRIVEDI ALIAS NILAM N MANDAL VS. UNIVERSITY OF MUMBAI [LAWS(BOM)-2003-7-163] [REFERRED TO]
MUNICIPAL BOARD BINDKI AND OTHERS VS. NARAIN VERMA AND ANOTHER [LAWS(ALL)-1977-11-57] [REFERRED TO]
RAJNEESH KUMAR VS. STATE FARMS CORPORATION OF INDIA LTD, CHAIRMAN CUM [LAWS(DLH)-2015-8-405] [REFERRED]
GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED VS. B B SINHA [LAWS(GJH)-1997-10-19] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. S MANJUNATH [LAWS(SC)-2000-4-221] [REFERRED]
STATE OF MAHARASHTRA VS. VEERAPPA R SABOJI [LAWS(SC)-1979-9-19] [EXPLAINED AND DISTINGUISHED]
HIGH COURT OF MADHYA PRADESH THRU REGISTRAR VS. SATYA NARAYAN JHAVAR [LAWS(SC)-2001-8-96] [REFERRED .]
BANDANA DEY VS. UNITED BANK OF INDIA [LAWS(CAL)-2019-4-175] [REFERRED TO]
MANAGER SREE NARAYANA COLLEGES VS. N RAVEENDRAN [LAWS(KER)-2004-2-26] [REFERRED TO]
DR. ARUN BANSAL AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-8-90] [REFERRED TO]
GANDHI HINDI VIDYAPEETH KUNDGOL VS. LALITHA C BALIHALLIMATH [LAWS(KAR)-2001-1-40] [REFERRED TO]
UTTAMKUMAR SAMANTA VS. KIIT UNIVERSITY AND OTHERS [LAWS(ORI)-2017-2-60] [REFERRED TO]
UTTAMKUMAR SAMANTA VS. KIIT UNIVERSITY AND OTHERS [LAWS(ORI)-2017-2-60] [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2007-7-203] [REFERRED]
UMESH KUMAR SINHA VS. STATE OF BIHAR [LAWS(PAT)-1992-4-30] [REFERRED TO]
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JUDGEMENT

Bachawat, J. - (1.)These two connected appeals raise a common question of construction of Rule 6 of the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961. Before October 1, 1957, Dharam Singh and Dev Raj, the respondents to these appeals, were junior teachers in District Board Schools. The District Board schools were provincialised, and the services of the respondents were taken over by the Punjab State with effect from October 1, 1957 in pursuance of a scheme of provincialisation of Local Bodies schools in the State. On February 13, 1961, the Governor of Punjab in exercise of the powers conferred by the proviso to Article 309 of the Constitution framed the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961 regulating the conditions of service of the teaching staff taken over by the State Government from the local authorities. Rule 1 provides that the rules will be deemed to have come into force with effect from October 1, 1957. Rule 3 created the Punjab Educational (Provincialised Cadre) Class III Services consisting of the posts shown in Appendix A. It is common case that the posts held by the respondents are included in Appendix A and carry time scales of pay Rule 6 is in these terms:
"6 (1) Members of the Service, officiating or to be promoted against permanent posts, shall be on probation in the first instance for one year.

(2) Officiating service shall be reckoned as period spent on probation, but no member who has officiated in any appointment for one year shall be entitled to be confirmed unless he is appointed against a permanent vacancy.

(3) On the completion of the period of probation the authority competent to make appointment may confirm the member in his appointment or if his work or conduct during the period of probation has been in his opinion unsatisfactory he may dispense with his services or may extend his period of probation by such period as he may deem fit or revert him to his former post if he was promoted from some lower post:

Provided that the total period of probation including extensions, if any, shall not exceed three years.

(4) Service spent on deputation to a corresponding or higher post may be allowed to count towards the period of probation if there is a permanent vacancy against which such member can be confirmed."
The respondents were officiating in permanent posts and under Rule 6 (3) they continued to hold those posts on probation in the first instance for one year. The maximum period of probation fixed by the rules was three years which expired on October 1, 1960. The respondents continued to hold their posts after October 1, 1960, but formal orders confirming them in their posts were not passed. Under Rule 7, the Director of Public Instruction, Punjab was the appointing authority. By two separate orders passed on February 10, 1963 and April 4, l963, the Director terminated their services. The order in each case stated that the services of the respondent concerned 'Rs. are hereby terminated in accordance with the terms of his employment. The order shall take effect after one month from the date it is served on him". Rule 12 provides that ill matters relating to discipline, punishment and appeals, members of the service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1952. The orders dated February 10 and April 4, 1963 were passed without holding any departmental enquiry and without giving the respondents any opportunity of making representations against the action taken against them. The respondents filed separate writ petitions in the Punjab High Court challenging the aforesaid orders on the ground that they had acquired substantive rights to their posts, and that the orders amounted to removal from service, and were passed in violation of Article 311 of the Constitution. The appellants pleaded that the respondents were temporary employees, that their services were terminated in accordance with the terms of their employment, and that the impugned orders did not amount to removal from service and were not in violation of Article 311. Learned single Judge of the High Court rejected the respondents contentions and dismissed the writ petitions. The respondents filed separate Letters Patent appeals against these judgments. The appellate Court allowed the appeals and set aside the impugned orders. The appellate Court held that the respondents were not temporary employees, that they held the posts on probation, that on the expiry of three years period of probation they must be deemed to have been confirmed in their posts, that the impugned orders having deprived them of their right to those posts amounted to removal from service by way of punishment and were passed in violation of Article 311 and the Punjab Civil Services (Punishment and Appeal) Rules, 1952. It is against these appellate orders that the present appeals have been filed after obtaining special leave.
(2.)The High Court found that the respondents were officiating in permanent posts against permanent vacancies as contemplated by Rule 6 (1) , and that on the coming into force of the rules, they must be deemed to have held their posts under Rule 6 (1) on probation in the first instance for one year from October 1, 1957. The correctness of these findings is not disputed by the appellants. The High Court also held that in the circumstances of these cases, on the completion of three years' period of probation on October 1, 1960 the respondents must be deemed to have been confirmed in their appointments. The appellants attack this finding. They submit that in the absence of formal orders of confirmation the respondents must be deemed to have continued in their posts as probationers. In the alternative, they submit that on completion of three years' period of probation, the respondents must be deemed to have been discharged from service and re-employed as temporary employees. We are unable to accept these contentions.
(3.)This Court has consistently held that when a first appointment or promotion is made on probation for a specific period and the employee is allowed to continue in the post after the expiry of the period without any specific order of confirmation he should be deemed to continue in his post as a probationer only, in the absence of any indication to the contrary in the original order of appointment or promotion or the service rules. In such a case, an express order of confirmation is necessary to give the employee a substantive right to the post, and from the mere fact that he is allowed to continue in the post after the expiry of the specified period of probation it is not Possible to hold that he should be deemed to have been confirmed. This view was taken in Sukhbans Singh v State of Punjab, (1963) 1 SCR 416 at pages 424-426, G. S. Ramaswamy vs. Inspector-General of Police, Mysore State, Bangalore, (1964) 6 SCR 279 at pages 288-289, Accountant-General, Madbya Pradesh. Gwalior vs. Beni Prasad Bhatnagar. Civil Appeal No. 548 of 1962, D/- 23-1-1964 (SC) . D. A. Lyall v Chief Conservator of Forests, U. P., Civil Appeal No 259 of 1963, D/- 24-2-1965 (SC) and State of U. P. v Akbar Ali, (1966) 3 SCR 821 at pages 825-826 . The reason for this conclusion is that where on the completion of the specified period of probation the employee is allowed to continue in the post without an order of confirmation, the only possible view to take in the absence of anything to the contrary in the original order of appointment or promotion or the service rules, is that the initial period of probation has been extended by necessary implication. In all these cases, the conditions of service of the employee permitted extension of the probationary period for an indefinite time and there was no service rule forbidding its extension beyond a certain maximum period.


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