The Kangra Central Co-Operative ... vs Kuldeep Bhardwaj
2023 Latest Caselaw 12755 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CMPMO No.399 of 2023 Decided on: 1st September, 2023 _________________________________________________________________

.

    The Kangra Central Co-operative Bank Ltd.                               ....Petitioner





                                       Versus





    Kuldeep Bhardwaj                                                     ...Respondent

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting? Yes. _________________________________________________________________ For the petitioner: Mr. Kul Bhushan Khajuria, Advocate.

For the respondents: Mr. Ajay Sharma, Sr. Advocate with Ms. Kavita Kajal, Advocate.

Jyotsna Rewal Dua, Judge

An application under Order 39 Rules 1 & 2 read

with Section 151 of Code of Civil Procedure moved by the

respondent was allowed by the learned Trial Court on

14.11.2022. The respondent's suspension order dated

04.04.2022 was deemed to be revoked. His employer i.e

present petitioner was directed to release the salary of the

respondent-plaintiff immediately.

2. The defendant/petitioner's appeal against the

Whether reporters of Local Papers may be allowed to see the judgment?

aforesaid order was disposed of on 09.03.2023 by learned

District Judge. The order dated 14.11.2022 passed by the

learned Trial Court was upheld with the modification that

.

suspension order dated 04.04.2022 shall be deemed to be

revoked w.e.f. 03.07.2022. The respondent-plaintiff was held

entitled to get full salary w.e.f. 03.07.2022.

3. Aggrieved, the defendant has instituted the

present petition.

4. Learned r counsel for the defendant-petitioner

submitted that in the interregnum, inquiry proceedings have

been completed against the respondent-plaintiff. The plaintiff

has been re-instated into service.

In view of aforesaid statement, this petition is

disposed of with the observations that the order passed by

learned Trial Court on 14.11.2022 as modified by learned

First Appellate Court on 09.03.2022 and the actions taken

thereupon shall be subject to final outcome of the Civil Suit

instituted by the respondent-plaintiff. The pending

miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua Judge September 01, 2023 R.Atal