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| Once dismissal is set-aside, case shall be treated as 'under suspension' for reinstatement: DB | | | Early Times Report
Jammu, Sept 18: A Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat in a landmark judgment holds that once the order of dismissal is set-aside, the reinstatement must follow or else the person shall be treated to be under suspension for the purposes of continuing the departmental proceedings.
This observation has been passed in a LPA filed by Mohammad Sidiq Kathu constable whose service was terminated by order No.319 of 1991 dtd 16/06/1991 with retrospective effect from 24/02/1991. The said order was passed on the ground that the appellant absented from duty from 24/02/1991 and he was allegedly involved in militancy related activities, terminated from service.
Division Bench comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat observed that the dismissal order passed against the appellant on 16/06/1991 with retrospective effect from 24/02/1991 is wrong. Court observed it is sell settled principle of law that there cannot be any retrospective dismissal.
Court said it is also well settled that once the order of dismissal is set-aside, the reinstatement must follow or else the person shall be treated to be under suspension for the purposes of continuing the departmental proceedings and further observed that in such circumstances, the submission made by counsel for the appellant is fair enough and for the ends of justice and set-aside the order dated 09/05/1998 in so far as denial of continuity in service from 24/02/1991 till reinstatement alone is concerned.
"The appellant shall not be entitled to salary for the said period and except for salary, for all other purpose the same shall be counted," court added.
Earlier the case of the appellant before the Single judge was that while working as Constable in the respondent department, his service was terminated. The said order was passed on the ground that the appellant absented from duty from 24/02/1991 and he was allegedly involved in militancy related activities. Thereafter the said order was challenged by the medium of petition and the writ court while taking note of the fact that without conducting enquiry the dismissal order was passed, set-aside the order of dismissal and gave liberty to the concerned respondent to conduct inquiry within six months and it was also ordered that if no inquiry is conducted against the appellant or if he succeeds in such inquiry, the appellant would be entitled to reinstatement in service prospectively without any back wages. (JNF) |
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