Full Judgment Text
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PETITIONER:
STATE OF PUNJAB & ORS.
Vs.
RESPONDENT:
JIT SINGH
DATE OF JUDGMENT: 22/07/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (5)698
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted. We have heard the counsel on both sides.
This appeal by special leave arises from the Order of
the High Court of Punjab & Haryana made on march 9, 1994 in
R.S.A. No.114/93. The respondent a word charged employee,
had gone on leave from April 10, 1986. His service was
terminated due to his overstay without due sanction of
leave. A letter dated September 3. 1986 was communicated to
him wherein it was stated that 10 days’ time from August 25,
1986 was given to him to report for duty failing which his
services "may be considered to have been terminate from the
date of his absence and he may be informed accordingly
through a registered letter". In furtherance thereof, the
letter of termination was addressed to the respondent. He
filed the suit questioning the said letter.
Two contentions have been raised by the respondent,
viz., that the was a civil servant and that he was entitled
to an enquiry before termination of his service and since it
was not done the order was invalid. He also stated that he
had gone on leave with permission of the authorities and
that, therefore, it cannot be said that he absented without
authority of absence. We find that both the contentions are
untenable.
The Punjab Public Works Department Code would indicate
that the Code would apply to the Work-charged Establishment
of the Public Works Department, Roads and Building
Department. The respondent was working in Irrigation
Department. Rule 1.132 indicates that a work-charged
employee is not entitled to any pension, leave, travelling
allowance etc. He is liable to be terminated under the Code
by giving 10 days’ notice as it required in clause [7] of
Rule 1.129 of the Code. Under these circumstances, it is
clear that the respondent is not a Government servant.
Unless his services are regularised in accordance with law,
his services remain to be of a work-charged employee. He
was terminated in accordance with the above procedure
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prescribed thereunder.
It would be seen that from May 1986 to August 19, 1986
the respondent remained absent. from duty without any proper
sanction of the competent authority or grant of leave. The
courts have proceeded on the premise that he was absent on
leave for a short period of 10 days. In fact, it is not so.
The circumstances indicate that the courts below have not
applied their minds in correct perspective, to the legal and
factual aspects.
The appeal is accordingly allowed. The suit of the
respondent stands dismissed, but in the circumstances,
without costs.