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ASHOK KUMAR versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Ashok Kumar v. State of Punjab & Ors - RSA-2077-2003 [2006] RD-P&H 2221 (3 April 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA NO.2077 of 2003

DATE OF DECISION: March 30,2006

Ashok Kumar

....Appellant

VERSUS

State of Punjab and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Vijay Rana, Advocate for the appellant.

Shri Sushant Maini, DAG, Punjab.

JUDGMENT (ORAL)

The plaintiff has remained unsuccessful before the learned First Appellate Court. He filed a suit for mandatory injunction on October 30,1998 praying for issuance of directions to the defendants to release the half salary for 15 months for the period 1991 to 1993 (suspension period).

It is the admitted position between the learned counsel for the parties that the plaintiff was suspended from the service and had been reinstated in the year 1993.

The suit filed by the plaintiff was decreed by the trial Court.

The defendants took up the matter in appeal. The learned First Appellate Court noticed that the suit filed by the plaintiff for mandatory injunction was not legally maintainable. It was also noticed that since the plaintiff had been reinstated in service in the year 1993,

therefore, the suit filed by him on October 30,1998 was barred by limitation. Consequently, the appeal of the defendants was allowed and the suit of the plaintiff was dismissed.

Nothing has been shown that the findings of fact recorded by the learned First Appellate Court suffer from any infirmity or are contrary to the record.

No question of law, much less any substantial question of law, arises in the present appeal.

Dismissed.

March 30, 2006 (Viney Mittal)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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