MANDEEP KUMAR ETC. versus STATE OF HARYANA AND ANR. ETC.

MANDEEP KUMAR ETC. versus STATE OF HARYANA AND ANR. ETC.

Marginal absence from duty, considering the facts and circumstances, entitles the appellants to reinstatement without arrears of salary and a warning that any further lapse will entail discharge from service.

Source-derived case information.

Parties
Appellant: Mandeep Kumar; Respondent: State of Haryana and Anr.; Appellant: Unknown (Appellant in C.A. No. 10218/95)
Jurisdiction
India
Judgment Date
02 November 1995
Procedural Posture
Civil Appeal / Appeal From Judgment of the Punjab & Haryana High Court
Outcome
Appeal allowed. Reinstatement granted without arrears of salary. Any further unauthorized absence in the next two years will result in discharge from service. No costs.
Legal Topics
Absence From Duty, Discharge From Service, Reinstatement Without Arrears, Marginal Lapse, Disciplinary Action
Service Law Absence From Duty Discharge From Service Reinstatement Without Arrears Marginal Lapse Disciplinary Action

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mandeep Kumar

Appellant

State of Haryana and Anr.

Respondent

Unknown (Appellant in C.A. No. 10218/95)

Appellant

Procedural Posture

Civil Appeal / Appeal From Judgment of the Punjab & Haryana High Court

Legal Issues

  1. 1 Whether discharge from service for marginal absence from duty is justified.
  2. 2 Whether reinstatement can be ordered without payment of salary arrears when absence is marginal.

Ratio Decidendi

Marginal absence from duty, considering the facts and circumstances, entitles the appellants to reinstatement without arrears of salary and a warning that any further lapse will entail discharge from service.

Court Disposition

Appeal allowed. Reinstatement granted without arrears of salary. Any further unauthorized absence in the next two years will result in discharge from service. No costs.

Orders

  • Appellants to be reinstated in service.
  • No arrears of salary payable upon reinstatement.