Bhola Singh Vs State of Punjab and Ors.

The petitioner was appointed as Constable in the Punjab Police. He was dismissed from service after holding a regular departmental enquiry. His appeals etc. were also turned down. He challenged the order of his dismissal in a Civil Suit which was decreed vide judgment and decree dated 24.2.1998, however, with a clear stipulation that he is not entitled to any salary or benefits for the period when he was under dismissal. Against the said judgment and decree, the State of Punjab filed appeals which were dismissed by the first appellate Court as well as this Court. Thereafter, the State of Punjab filed Civil Appeal No.5977 of 2004 which was also dismissed by the Supreme Court vide order dated 8.2.2006

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C.W.P.No .14642 of 2008 2

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(Annexure P-6). The petitioner thereafter was reinstated in service and has been paid salary.

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In these circumstances, for the period when the State was bonafidely pursuing its legal remedies as available in law and/or the petitioner remained out of service and did not perform his duties, no case to grant any arrears of pay for the said period is made out.

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Dismissed.

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April 06, 2010 Mohinder

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(SURYA KANT) JUDGE

Bhola Singh v. State of Punjab and Ors.

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Bhola Singh v. State of Punjab and Ors.

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