The State of Punjab Vs. Gurdas Singh - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/650995 |
| Subject | Service |
| Court | Supreme Court of India |
| Decided On | Mar-31-1998 |
| Case Number | C.A. No. 2978 of 1991 (with C.A. No. 3668 of 1991) |
| Judge | Sujata V. Manohar,;
S.P. Kurdukar and;
D.P. Wadhwa, JJ. |
| Reported in | AIR1998SC1661; JT1998(2)SC693; 1998(2)SCALE570; (1998)4SCC92; 1998(1)LC615(SC) |
| Acts | Constitution of India - Article 311(2); Punjab Civil Services (Premature Retirement) Rules, 1975 - Rules 3, 4 & 5; All India Services (Death-cum-Retirement) Rules, 1958 - Rule 16; Administrative Tribunals Act, 1985 - Sections 19 |
| Appellant | The State of Punjab |
| Respondent | Gurdas Singh |
Excerpt:
.....of setting aside order of premature retirement - premature retirement after employee has put in sufficient numbers of yeas of services is neither punishment nor stigma so as to attract article 311 - employee who served for 25 to 30 years and then retire cannot be said that he suffers prejudice - appeal allowed. - indian evidence act, 1872
sections 113-a & 113-b ;[dalveer bhandari & harjit singh bedi,jj] presumption as to abetment of suicide and dowry death held, section 113-b which is relatable to dowry death places heavier onus on accused than onus placed under section 113-a. .....the additional district judge, gurdaspur passed in appeal filed by the state of punjab and also by gurdas singh. the judgment of the high court in the appeal of the state of punjab is dated january 25, 1991 and that in the appeal of gurdas singh, it is dated march 3, 1991. both the appeals were dismissed by the high court in limine.2. gurdas singh, respondent in civil appeal no. 2978 of 1991 was recruited as constable in 1961 in the punjab police. in 1976 he was promoted as asstt. sub- inspector and in 1984 as sub-inspector. by order dated september 3, 1987 of the senior superintendent of police, passed in pursuance to rule 3(1)(b) of the punjab civil services (premature retirement) rules, 1975 he was prematurely retired from the service. at that time he was holding substantive rank of.....
Judgment:ORDER
Judgment pronounced by Wadhwa, J.
1. These are two cross appeals, both against two separate judgments of Punjab and Haryana High Court arising out of a judgment of the Additional District Judge, Gurdaspur passed in appeal filed by the State of Punjab and also by Gurdas Singh. The judgment of the High Court in the appeal of the State of Punjab is dated January 25, 1991 and that in the appeal of Gurdas Singh, it is dated March 3, 1991. Both the appeals were dismissed by the High Court in limine.
2. Gurdas Singh, respondent in Civil Appeal No. 2978 of 1991 was recruited as Constable in 1961 in the Punjab Police. In 1976 he was promoted as Asstt. Sub- Inspector and in 1984 as Sub-Inspector. By order dated September 3, 1987 of the Senior Superintendent of Police, passed in pursuance to Rule 3(1)(b) of the Punjab Civil Services (Premature Retirement) Rules, 1975 he was prematurely retired from the service. At that time he was holding substantive rank of Sub-Inspector of Police and had completed 25 years of qualifying service as on February 3, 1986. This order reads as under :-
'Office of the Senior Superintendent of Police, Gurdaspur