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DR.ANIL KUMAR versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Dr.Anil Kumar v. State of Punjab & Ors - CWP-18544-2004 [2006] RD-P&H 5365 (8 August 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP No.18544 of 2004

Date of Decision: 25.8.2006

Dr.Anil Kumar .......Petitioner

Versus

State of Punjab and others .......Respondents CORAM:- HON'BLE MR.JUSTICE J. S. KHEHAR
HON'BLE MR.JUSTICE S. D. ANAND

---

Present: Mr.Yogesh Putney, Advocate

for the petitioner.

Mr.Ashok Aggarwal, Additional AG Punjab for the respondents.

***

J.S.KHEHAR, J.(Oral)

Through the instant writ petition, the petitioner has challenged the order dated 12.10.2001 (Annexure P4) vide which, while regularising the period of absence of the petitioner from 18.7.1988 to 26.10.1997, the said period has been treated as leave of the kind due. It is the contention of the learned counsel for the petitioner that while treating the period under reference as leave of the kind due, no opportunity was afforded to the petitioner inasmuch as he was neither issued a notice informing him the reasons for treating the said period as leave of the kind due nor afforded an opportunity of hearing to express his views on the same.

Learned counsel for the respondents acknowledges that the action of the authorities in treating the period from 18.7.1988 to 26.10.1997 as leave of the kind due is not in consonance with the rules of natural justice. It is for the respondents to follow the rules of natural justice before passing of the order.

In view of the above, order dated 12.10.2001 whereby the period of the petitioner's absence from duty from 18.7.1988 to 26.10.1997 has been treated as leave of the kind due is hereby set aside. Liberty is granted to the respondents to pass a fresh order, if the respondents are so advised, on the same issue, after affording an opportunity of hearing to the petitioner in consonance with the rules of natural justice.

Disposed of accordingly.

( J. S. KHEHAR )

JUDGE

( S. D. ANAND )

August 25, 2006 JUDGE

SRM


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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