Supreme Court of India

THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.

Citation: 1995 INSC 773
Decided: 22 November 1995
Disposal: Disposed off
Bench: K RAMASWAMYB L HANSARIA

Holding

An employee discharged for want of proper sanction is entitled to reinstatement and full salary and allowances for the period of suspension.

Summary

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not obtained, and he was subsequently reinstated in January 1988. The Court held that, as a result of the improper discharge, the employee was entitled to full salary and all allowances for the period he was under suspension. The appeals were therefore dismissed and the reinstatement and salary entitlement were affirmed. No costs were awarded.

Issues considered

Whether a discharge of a government employee without proper sanction is valid
Whether the employee is entitled to reinstatement pending criminal prosecution
Whether the employee is entitled to full salary and allowances for the period of suspension

Subjects

Service LawDischargeReinstatementSuspensionSalaryAllowancesCriminal prosecutionSanction

Judgment

A                THE STATE OF PUNJAB AND ORS. ETC.
                                v.
                  SHAMBHU NATH SINGLA AND ORS.

                             NOVEMBER 22, 1995

B              [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

         Service Law:

          Discharge from service-Criminal case pending-Reinstatement of
C   employee on discharge by criminal court-Period of suspension-Salary and
    other allowances-Entitlement to-Directions issued.

         The State of Punjab has preferred the present appeals against the
    High Court's judgment directing reinstatement of the first respondent
    pending criminal prosecution.
D         Disposing of the appeal, this Court

          HELD : Admittedly the first respondent had been discharged by the
    Criminal Court for want of proper sanction, and he was reinstated in the
    service in January, 1988. Consequently, he is e.ntitled to full salary and
E   allowances for the period during which he was kept under suspension.
                                                                       (583-A]
         CIVIL APPELLATE JURISDICTION: _Civil Appeal No. 11459 of
    1995 Etc.

          From the Judgment and Ord~r dated 8.8.91 of the Punjab & Haryana
p. High Court in C.M. No. 429 (LPA). of 1991.
          G.K. Bansal and Sanjay Bans~l for the Appellants.

          K.K. Mohan, Pradeep Gupta and Ratan Lal for the Respondents.

G         The following Order of the Court was delivered :

          Leave granted.

          These appeals by special leave arise from the order dated August 8,
    1991 of the Division Bench of the Punjab·_& Haryana High Court directing
H   the reinstatement of the first respondent pending the criminal prosecution.
                                         582 ,
                               STATE v. S.N. SINGLA                         583

     Since it is now admitted across the Bar that the first respondent had been    A
     discharged by the Criminal Court for want of proper sanction, he was
     reinstated in the service in January, 1988. Consequently, he is entitled to
     full salary and allowances for the period during which he was kept under
     suspension.

            The appeals are accordingly disposed of. No costs.                     B
     G.N.                                                  Appeal disposed of.




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