Allowed¶53

State of Haryana and Ors. v. Dharambir Singh

Punjab & Haryana HC24 Mar 2026RSA/4050/2006

Case brief

AI extract

What is this about?

RSA-4050-2006 (O&M); State of Haryana & Anr. v. Dharambir Singh; Punjab and Haryana High Court; Sudeepti Sharma, J.; Haryana Roadways driver; salary for absence period 05.02.1999 to 21.06.1999; custody after conviction under Section 304-A IPC; acquittal on revision dated 23.08.1999; Leave Without Pay order dated 04.11.1999; back wages not automatic on acquittal; precedents distinguished; second appeal allowed; decrees dated 17.11.2004 and 14.08.2006 set aside.

What did the court decide?

Regular second appeal allowed; judgment and decree dated 17.11.2004 of learned Civil Judge (Senior Division), Jind and judgment and decree dated 14.08.2006 of learned Additional District Judge-II, Jind set aside; parties left to bear their own costs; decree sheet to be drawn; pending miscellaneous applications disposed of. ¶53

State of Haryana and Ors. Vs Dharambir… — Murder and Culpable Homicide | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent, a driver with Haryana Roadways, Jind, was entitled to salary/wages for the period 05.02.1999 to 21.06.1999, during which he remained absent from duty owing to his conviction in a criminal case (later reversed on revision), the period having been treated as 'Leave Without Pay' by order dated 04.11.1999.

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Court's answer

It was undisputed that the respondent remained absent from duty from 05.02.1999 to 21.06.1999 and did not work at least from 05.02.1999 to 05.04.1999 while in custody following his conviction under Section 304-A IPC, which was set aside when his revision was accepted on 23.08.1999.

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Ratio / Principle

The facts of the judgments relied upon by learned counsel for the respondent are distinguishable from the facts of the present case.

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Key takeaways

In the two judgments cited by learned counsel for the appellants, this Court had held that an employee acquitted in criminal proceedings unrelated to official duties is entitled to reinstatement, but back wages are not automatically granted (stated while surveying the precedents, in passing).obiter¶50
Both the courts below wrongly held that the respondent was entitled to salary for the period which he did not work for; consequently the civil suit decrees could not stand and the second appeal was to be allowed.ratio¶52

Detailed headnote1 paragraphs

Regular Second Appeal by State of Haryana allowed. The respondent, a regular driver with Haryana Roadways, Jind, was convicted under Section 304-A IPC by the Chief Judicial Magistrate, Jind (judgment dated 25.01.1997, affirmed in appeal on 05.02.1999), was taken into custody and suspended on 05.02.1999, remained in custody till 05.04.1999 and absent from duty till 21.06.1999; his revision was accepted by this Court and he was acquitted on 23.08.1999. The General Manager, Haryana Roadways, Jind Depot treated the period 05.02.1999 to 21.06.1999 as 'Leave Without Pay' by order dated 04.11.1999. On appeal, the High Court held that both courts below wrongly held the respondent entitled to salary for the period which he did not work; the judgments and decrees dated 17.11.2004 (Civil Judge (Senior Division), Jind) and 14.08.2006 (Additional District Judge-II, Jind) were set aside. The precedents cited by the respondent were distinguished on facts; the two precedents cited by the State were noted to lay down that an acquitted employee gets reinstatement but back wages are not automatic. Parties left to bear their own costs.

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RSA-4050-2006 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA-4050-2006 (O&M)

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STATE OF HARYANA & ANR.

..Appellants

Versus

DHARAMBIR SINGH

..Respondent

Reserved on: 17.02.2026 Pronounced on : 24.03.2026 Uploaded on : 01.04.2026

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Whether only the operative part of the judgment is pronounced? Whether full judgment is pronounced?

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NO YES

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CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

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Present: Mr. Harish Nain, AAG, Haryana.

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Mr. Ankur Goyat, Advocate for respondent.

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SUDEEPTI SHARMA, J.

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The present regular second appeal is preferred by State of Haryana against judgment and decree dated 17.11.2004, passed by learned Civil Judge (Senior Division), Jind, whereby, civil suit filed by the respondent was decreed in his favour and judgment and decree dated 14.08.2006 passed by learned Additional District Judge-II, Jind, whereby, appeal filed by the appellant against judgment and decree dated 17.11.2004 was dismissed.

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BRIEF FACTS OF THE CASE

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Brief facts of the case as per the pleadings in the civil suit are that respondent was a regular and permanent employee of appellant and working as driver in Haryana Roadways, Jind under Administrative Control MOHD AYUB of General Manager, Haryana Roadways, Jind Depot, Jind. A criminal case 2026.04.01 17:29 I attest to the accuracy and authenticity of this order/judgment.

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RSA-4050-2006 (O&M)

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was registered against him under Section 304-A IPC and he was convicted by Chief Judicial Magistrate, Jind vide judgment dated 25.01.1997. He filed appeal against judgment dated 25.01.1997, which was also dismissed vide judgment dated 05.02.1999 by learned Additional Sessions Judge, Jind. Thereafter, he was taken into custody. Consequently, he was placed under suspension vide order dated 05.02.1999. He filed revision petition before this Court and he was ordered to be released on bail vide order dated 22.03.1999, and thereafter released on 05.04.1999. Revision petition filed by respondent was accepted by this Court vide judgment dated 23.08.1999, thereafter, he approached General Manager, Haryana Roadways, Jind Depot, Jind for payment of his salary/wages with effect from 05.02.1999 to 21.06.1999 but the same was not released by General Manager, Haryana Roadways, Jind Depot, Jind and rather order dated 04.11.1999 was passed by General Manager treating the period with effect from 05.02.1999 to 21.06.1999 as “Leave Without Pay”. Order dated 04.11.1999 was challenged by respondent by filing appeal before State Transport Commissioner, Haryana but the same was not decided despite the fact that respondent visited office of State Transport Commissioner several times. He requested the General Manager, Haryana Roadways, Jind Depot, Jind to release his salary for the period from 05.02.1999 to 21.06.1999 and to withdraw impugned order dated 04.11.1999. Thereafter, he filed civil suit, which was decreed in his favour by learned Civil Judge (Senior Division), Jind vide judgment and decree dated 17.11.2004. The appellants filed appeal against the same, which was dismissed by learned Additional District Judge-II, Jind vide judgment and decree dated 14.08.2006. Hence, the present Regular

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Second Appeal.

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MOHD AYUB 2026.04.01 17:29 I attest to the accuracy and authenticity of this order/judgment.

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RSA-4050-2006 (O&M)

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SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES:-

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Learned counsel for the appellants contends that both the Courts did not appreciate the fact that respondent remained absent from duty, since he was convicted in a criminal case under Section 304-A IPC and during his trial, he remained in jail and was out of service.

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He further contends that respondent did not work with effect from 05.02.1999 to 21.06.1999, therefore, was not entitled to the salary for the same.

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He further contends that both the Courts have failed to appreciate the very fact that respondent was repeatedly asked to join the duty but he failed to join the duty and in reply to the chargesheet, he admitted his conviction, since he did not submit any leave application, therefore, he was treated as absent from duty, therefore, the competent authority sanctioned his leave and after considering his case sympathetically, the absent period was treated as “Leave Without Pay” vide order dated 04.11.1999, which is perfectly legal order. He, therefore, prays that the present appeal be allowed. 6. In support of his contentions, he relies upon the following judgments:-

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(i) Balwant Singh and others Vs. State of Haryana and others, Law Finder Doc ID #2714654.

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(ii) Suraj Bhan Vs. State of Haryana and another, Law Finder Doc ID #2228386.

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Per contra, learned counsel for respondent contends that both the Courts have rightly decreed the civil suit filed by respondent in his

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MOHD AYUB 2026.04.01 17:29 I attest to the accuracy and authenticity of this order/judgment.

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RSA-4050-2006 (O&M)

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favour and dismissed the appeal filed by the appellant. He, therefore, prays that the present appeal be dismissed.

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In support of his contentions, he relies upon the following

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judgments:-

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(i) Sulekh Chand and Salek Chand Vs. Commissioner of Police, 1994 INSC 428.

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(ii) Ram Dhari Vs. State of Haryana and others, CWP-2658-2010, decided on 05.01.2011.

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(iii) Bhim Singh Vs. State of Haryana and others, CWP-7178-2002, decided on 12.03.2012.

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(iv) Hukam Singh Vs. State of Haryana and another, 2001(2) SCT 696.

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I have heard learned counsel for the parties and have perused the whole record of the case with their able assistance.

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Admittedly, respondent while appearing as PW-1 deposed that he was taken into custody on 05.02.1999 in a criminal case registered against him on account of causing accident. He remained in custody with effect from 05.02.1999 to 05.04.1999 in a criminal case under Section 304-A of IPC. He was finally acquitted on 23.08.1999, therefore, it is admitted fact on record that respondent remained absent with effect from 05.02.1999 to 21.06.1999. It is not the case of the respondent that he was convicted on the basis of FIR lodged by the appellant, whereas, respondent was convicted on account of his own wrong under Section 304-A of IPC and it is admitted fact of the respondent as well that he was convicted and thereafter released on bail. The appeal filed against the conviction was also dismissed and ultimately revision filed before this Court was accepted and he was MOHD AYUB 2026.04.01 17:29 I attest to the accuracy and authenticity of this order/judgment.

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RSA-4050-2006 (O&M)

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acquitted. Therefore, undisputedly he did not work for the period from 05.02.1999 to 05.04.1999.

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Now coming to the judgments referred to by learned counsel for the appellants, in both the cases, it is held by this Court that employee acquitted in criminal proceedings unrelated to official duties is entitled to reinstatement, but back wages are not automatically granted.

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Now coming to the judgments referred to by learned counsel for respondent, the facts of the cases referred to by learned counsel for respondent are distinguishable from the facts of the present case.

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In view of the above, both the Courts have wrongly held that respondent is entitled to the salary for the period, which he did not work for.

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Accordingly, the present appeal is allowed . And judgment and decree dated 17.11.2004, passed by learned Civil Judge (Senior Division), Jind and judgment and decree dated 14.08.2006 passed by learned Additional District Judge-II, Jind, are set aside. Parties are left to bear their own costs.

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Decree sheet be drawn.

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All the pending miscellaneous applications, if any, are also

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disposed of.

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24.03.2026 (SUDEEPTI SHARMA) Ayub JUDGE

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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MOHD AYUB 2026.04.01 17:29 I attest to the accuracy and authenticity of this order/judgment.

State of Haryana and Ors. v. Dharambir Singh

Case brief

What is this about?

What did the court decide?

State of Haryana and Ors. v. Dharambir Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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