Justice Amit Rawal dismissed this regular second appeal regarding salary non-payment. Finding the appellant's suit filing during pendent departmental inquiry a farcical exercise, the court upheld the lower courts' dismissal without delving into merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Regul ar Second Appeal No. 3140 of 2016 ( O&M) DATE OF DECI SI ON: 24. 05. 2018
Chanan Si ngh
…. . Appel l ant
ver sus
The St at e of Punj ab and ot her s
. . . . . Respondent s
CORAM: - HON' BLE MR. JUSTI CE AMI T RAWAL
Pr esent : Mr . Kar t i k Gupt a, Advocat e f or t he appel l ant
AMI T RAWAL, J. ( Or al ) :
The appel l ant - pl ai nt i f f has been unsuccessf ul bef or e t he Cour t s bel ow seeki ng mandat or y i nj unct i on di r ect i ng t he def endant s t o r el ease hi s sal ar y f r om 22. 08. 2005 t i l l t he f i l i ng of t he sui t i . e. on 11. 02. 2006 al ong wi t h i nt er est @ 18% per annum i n a sui t cl ai mi ng decl ar at i on t hat he had been ser vi ng as Bl ock Of f i cer , I . W. D. P. ( Hi l l s) , Sahor a Kandi , Tehsi l Muker i an.
Parkash Chand 2018.05.25 15:53 I attest to the accuracy and integrity of this document
RSA- 3140- 2016
- 2 -
Parkash Chand 2018.05.25 15:53 I attest to the accuracy and integrity of this document
RSA- 3140- 2016
- 3 -
pl ai nt i f f shoul d have ei t her got t he sui t pr oceedi ngs st ayed si ne di e t i l l t he out come of t he sui t or wi t hdr awn t he sui t wi t h l i ber t y t o avai l of appr opr i at e r emedy at l at er poi nt of t i me. Be t hat as i t may, i n case t he appel l ant - pl ai nt i f f i s abl e t o get hi msel f exoner at ed i n t he enqui r y pr oceedi ngs, t he payment of sal ar y, as a nat ur al cor ol l ar y, woul d aut omat i cal l y be made ot her wi se he woul d have t he r emedy of chal l engi ng al l t he f i ndi ngs i n accor dance wi t h l aw. The f i l i ng of t he sui t , af t er i ni t i at i on of t he depar t ment al pr oceedi ngs, i n my vi ew, was a f ar ci cal exer ci se.
24. 05. 2018 par kash
( AMI T RAWAL) JUDGE
NOTE: Whet her speaki ng/ non- speaki ng: Speaki ng Whet her r epor t abl e: YES/ NO
Parkash Chand 2018.05.25 15:53 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the appellant's salary withholding was justified due to alleged absence during pendency of suit.
Whether litigating during departmental proceedings amounts to a farcical exercise warranting summary disposal.
2 provisions across 1 enactments
Chanan Singh
The State of Punjab
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
