DEWAN SINGH versus STATE OF HARYANA & ANOTHER

DEWAN SINGH versus STATE OF HARYANA & ANOTHER

The appellant was not afforded reasonable opportunity as envisaged under section 124(2); provisions of section 124(2), embodying principles of natural justice, are mandatory and were violated, vitiating the dismissal order.

Source-derived case information.

Parties
Appellant: Dewan Singh; Respondent: State of Haryana; Respondent: R. N. Sachthey; Respondent: Bishamber Lal
Jurisdiction
India
Judgment Date
07 May 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition by High Court
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Natural Justice, Dismissal From Service, Opportunity to Be Heard
Administrative Law Employment Law Natural Justice Dismissal From Service Opportunity to Be Heard

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dewan Singh

Appellant

State of Haryana

Respondent

R. N. Sachthey

Respondent

Bishamber Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether the order of dismissal was in violation of section 124(2) of the Punjab Panchayat Samitis & Zila Parishad Act, 1961 and the principles of natural justice

Ratio Decidendi

The appellant was not afforded reasonable opportunity as envisaged under section 124(2); provisions of section 124(2), embodying principles of natural justice, are mandatory and were violated, vitiating the dismissal order.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Appellant reinstated immediately.
  • Period of absence treated as leave without pay.