State Of Haryana And Ors vs Shiv Parkash And Ors
2024 Latest Caselaw 5566 P&H

Punjab-Haryana High Court

State Of Haryana And Ors vs Shiv Parkash And Ors on 12 March, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                  Neutral Citation No:=2024:PHHC:035234



                                          Neutral Citation No.2024:PHHC:035234

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
206

                                          RSA-663-1997 (O&M)
                                          Decided on :12.03.2024

STATE OF HARYANA AND ORS.                             . .APPELLANTS
                       Versus
SHIV PARKASH AND ORS.                                . . . RESPONDENTS

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

PRESENT: Ms. Vibha Tewari, AAG, Haryana.

       None for the respondents.
       ****
HARSIMRAN SINGH SETHI , J. (Oral)

1. In the present regular second appeal, the challenge is to the

judgments and decrees of the Courts below by which, the claim of the

respondents- plaintiffs that the suspension period be treated as a duty period

has been allowed.

2. As per the record, while issuing notice in the present regular

second appeal, the judgments and decrees of the Courts below were stayed

on 04.03.1997 and nothing has come on record as to whether the respondent

is alive to defend the present regular second appeal or not.

3. Today, there is no representation on behalf of the respondent-

plaintiffs.

4. Learned counsel for the appellant submits that keeping in view

the judgment of the Division Bench of this Court in CWP No. 425 of 1996,

titled as Kiran Sharma v. State of Haryana, decided on 10.01.1996, the

question of law has already been settled that after imposing the punishment

in the disciplinary proceedings, the employer has right to decide as to

whether, the suspension period is to be treated as a duty period or not.

5. Learned counsel for the appellant further submits that as there is

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Neutral Citation No:=2024:PHHC:035234

RSA-663-1997 (O&M) -2- 2023:PHHC:035234 no information as to whether the respondent is alive to defend the present

regular second appeal or not, the present regular second appeal may kindly

be disposed of having been not pressed any further with liberty to revive the

same in case any execution is filed on behalf of the respondent for the

implementation of the judgment and decree challenged in the present regular

second appeal.

6. Ordered accordingly.

                                                  (HARSIMRAN SINGH SETHI)
                                                          JUDGE
12.03.2024
Riya

Whether speaking/reasoned:       Yes/No
Whether Reportable:               Yes/No




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