Sucha Singh v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Letters Patent Appeal No.1601 of 2013 (O&M) Date of Decision: May 05, 2015 Sucha Singh .....Appellant versus Union of India and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.D.S.Kahlon, Advocate, for the appellant. Mr.Rajesh Garg, Senior Advocate with Mr.Virender Soni, Advocate, for respondent Nos.2to5. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) One of the question of law that arises for consideration in this case is whether the services of appellant could be terminated retrospectively w.e.f. 09.02.2000 vide an order passed after more than 12 years on 09.07.2012? This question, it appears, was neither raised nor has been dealt with by learned Single Judge vide order dated 05.07.2013, which is under challenge in this letters patent appeal. While it is not expedient for us to express any views on the aforesaid question, we are surely of the opinion that the subject-issue and some other related contentions raised by the appellant need to be decided on merits by the learned Single Judge after hearing both the parties. MOHINDER KUMAR 2015.05.08 11:49 I attest to the accuracy and authenticity of this document Chandigarh

LPA No.1601 of 2013 (O&M) [2] We, thus, allow this appeal; set-aside the order under appeal dated 05.07.2013 and remit the case to learned Single Judge for afresh adjudication of the writ petition. The pleadings are complete. Let the matter be listed before learned Single Judge as per roster on 20.07.2015 for the appearance of parties.

[SURYA KANT] JUDGE May 05, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.05.08 11:49 I attest to the accuracy and authenticity of this document Chandigarh