1/31/2024 0 Comments Surinder singh kairon226 of the Constitution of India before the High Court of Punjab, the appellant challenged the legality of the orders of suspension, revocation of leave, retention in service after the date of superannuation and institution of the departmental enquiry, on the grounds inter alia, (1) that the rules governing his service did not empower the Governor to pass the impugned orders, and (2) that the impugned orders were passed mala fide by or at the instance 734 of the Chief Minister, who was in-charge of the department of Health and who was personally hostile to him by reason of certain incidents, and that the orders were promoted by the desire on the part of the Chief Minister to wreak personally his vengeance on the appellant. These orders reached the appellant, according to him, only on June 19, 1961, but they were published in the Punjab Government Gazette Extraordinary dated June 10, 1961. 3.26(d) was that in view of the appellant's reaching the age of superannuation on June 16, 1961, he should be retained in service beyond that date till the completion of the departmental enquiry. permitted to retire on his reaching the date of compulsory retirement but should be retained in service until the enquiry into the charge is concluded and a-final order is passed thereon." The order under r. 3.26(d) by which "A government servant under suspension on a charge of misconduct shall not be. The Governor further passed an order under r. 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952. On June 3, 1961, the Governor of Punjab passed orders suspending the appellant with immediate effect and revoking his leave as the Government had decided that a departmental enquiry be instituted against him under s. His leave was sanctioned on December 18, 1960, and was notified in the Punjab Gazette dated January 27, 1961. ![]() ![]() In 1956 he was posted to Jull under where he remained till he proceeded on leave preparatory to retirement sometime in December 1960. The appellant was a civil surgeon in the employment of the State of Punjab having joined the Punjab Civil Medical Service in 1947. ![]()
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