BABU LAL versus STATE OF HARYANA AND ORS.

BABU LAL versus STATE OF HARYANA AND ORS.

The termination of the appellant's ad-hoc services during criminal proceedings and suspension was illegal since it was punitive in nature and made without due inquiry. The appellant, having completed two years of service and meeting notification criteria, was entitled to reinstatement and consideration for regularisation under government instructions.

Parties
Appellant: Babu Lal; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
16 January 1991
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Punjab and Haryana High Court
Outcome
Appeal allowed. High Court judgment set aside; lower court judgments affirmed.
Legal Topics
Regularisation of Ad Hoc Employment, Termination During Pendency of Criminal Proceedings, Suspension and Reinstatement, Application of Executive Instructions
Service Law Regularisation of Ad Hoc Employment Termination During Pendency of Criminal Proceedings Suspension and Reinstatement Application of Executive Instructions

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Parties

Babu Lal

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Punjab and Haryana High Court

Legal Issues

  1. 1 Whether termination of service during pendency of criminal proceedings and suspension is legal after acquittal
  2. 2 Whether appellant is entitled to regularisation under government notification
  3. 3 Whether termination amounted to punishment without inquiry

Ratio Decidendi

The termination of the appellant's ad-hoc services during criminal proceedings and suspension was illegal since it was punitive in nature and made without due inquiry. The appellant, having completed two years of service and meeting notification criteria, was entitled to reinstatement and consideration for regularisation under government instructions.

Court Disposition

Appeal allowed. High Court judgment set aside; lower court judgments affirmed.

Orders

  • Appellant to be reinstated in service immediately.
  • Appellant to be paid all emoluments (pay and allowances) from date of suspension (15.4.1980) up to date of reinstatement minus suspension allowance received, if any.