Kirpa Dutt v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4134-2019 (O & M) Date of decision: 15.02.2019 Kirpa Dutt .... Petitioner(s) V/s State of Punjab and anr.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Madhav Pokhrel, Advocate, for the petitioner(s). ***** Rajan Gupta, J. (Oral) Petitioner has impugned order dated 31.07.2018, Annexure P-6, passed by appellate authority-respondent No.1. Operative part whereof reads as under:- "Sh. Kirpa Dutt, Lecturer Commerce, GSSS (Boys) Bassi Pathana District Fatehgarh Sahib temporary duty Law Officer, DPI (Colleges), this office vide order dated 12.06.2017, he was put under suspension with immediate effect. Director Public Instruction (SE), Punjab, vide order No.10/61-2017 EST.-1(3) dated: 06.06.2018, the suspension period from 12.06.2017 to 24.11.2017 was treated as duty period. And it was ordered not to give any other financial benefits except the subsistence allowance. The concerned employee had appealed against this order to the Hon'ble Secretary, School Education, in which the employee was given an opportunity of personal hearing on 27.07.2018. After personal hearing, while considering the appeal, the order of treating the period from 27.07.2017 to 24.11.2017 as duty period is hereby modified into leave of kind due".

It has been urged before the court that petitioner ought to have been granted entire pay for the period in question. However, appellate SUKHPREET KAUR 2019.02.27 11:13 I attest to the accuracy and integrity of this document

CWP-4134-2019 (O & M) ::2::

authority afforded an opportunity of personal hearing to the petitioner and decided that the period from 27.07.2017 to 24.112017 be treated as leave of the kind due. I find no infirmxsity with the reasoned order, Annexure P-6, passed by the appellate authority. Present petition is hereby dismissed. (RAJAN GUPTA) February 15, 2019 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2019.02.27 11:13 I attest to the accuracy and integrity of this document