Disposed
Kangra Central Cooperative Bank Ltd. v. Kuldeep Bhardwaj
Himachal Pradesh HCCMPMO/399/2023
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COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO…
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COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO…
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No.399 of 2023
Decided on: 1st September, 2023
_________________________________________________________________ The Kangra Central Co-operative Bank Ltd. ....Petitioner Versus Kuldeep Bhardwaj …Respondent ________________________________________________________________ Coram_
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? Yes.
| _________________________ For the petitioner: |
________________________________________ Mr. Kul Bhushan Khajuria, Advocate. |
|---|---|
| For the respondents: | Mr. Ajay Sharma, Sr. Advocate with Ms. Kavita Kajal, Advocate. |
Jyotsna Rewal Dua, Judge
An application under Order 39 Rules 1 & 2 read
with Section 151 of Code of Civil Procedure moved by the respondent was allowed by the learned Trial Court on 14.11.2022. The respondent’s suspension order dated 04.04.2022 was deemed to be revoked. His employer i.e present petitioner was directed to release the salary of the respondent-plaintiff immediately.
2. The defendant/petitioner’s appeal against the
1 Whether reporters of Local Papers may be allowed to see the judgment?
aforesaid order was disposed of on 09.03.2023 by learned District Judge. The order dated 14.11.2022 passed by the learned Trial Court was upheld with the modification that suspension order dated 04.04.2022 shall be deemed to be revoked w.e.f. 03.07.2022. The respondent-plaintiff was held entitled to get full salary w.e.f. 03.07.2022.
3. Aggrieved, the defendant has instituted the present petition.
4. Learned counsel for the defendant-petitioner submitted that in the interregnum, inquiry proceedings have been completed against the respondent-plaintiff. The plaintiff has been re-instated into service.
In view of aforesaid statement, this petition is disposed of with the observations that the order passed by learned Trial Court on 14.11.2022 as modified by learned First Appellate Court on 09.03.2022 and the actions taken thereupon shall be subject to final outcome of the Civil Suit instituted by the respondent-plaintiff. The pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge
September 01, 2023 R.Atal
The Kangra Central Co-operative Bank Ltd.
Kuldeep Bhardwaj
Jyotsna Rewal Dua
As recorded by the court registry
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