STATE OF PUNJAB versus DR. P.L. SINGLA

STATE OF PUNJAB versus DR. P.L. SINGLA

Granting extraordinary leave after punishment for unauthorized absence does not exonerate nor wipe out the punishment. It merely provides continuity of service without salary or pension benefit for the period of absence.

Parties
Appellant: State of Punjab; Respondent: Dr. P.L. Singla
Jurisdiction
India
Judgment Date
31 July 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal allowed; judgments and decrees of courts below set aside; respondent's suit dismissed.
Legal Topics
Extra Ordinary Leave, Unauthorized Absence, Disciplinary Proceedings, Punishment, Continuity of Service
Service Law Extra Ordinary Leave Unauthorized Absence Disciplinary Proceedings Punishment Continuity of Service

Case Brief

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Parties

State of Punjab

Appellant

Dr. P.L. Singla

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the subsequent grant of extraordinary leave effaced the punishment imposed for unauthorized absence
  2. 2 Whether extraordinary leave amounts to condoning unauthorized absence and wipes out misconduct

Ratio Decidendi

Granting extraordinary leave after punishment for unauthorized absence does not exonerate nor wipe out the punishment. It merely provides continuity of service without salary or pension benefit for the period of absence.

Court Disposition

Appeal allowed; judgments and decrees of courts below set aside; respondent's suit dismissed.

Orders

  • Suit of respondent dismissed
  • Parties to bear their respective costs