SC upholds punishment for doctor's unauthorised leave
New Delhi (PTI): The Supreme Court has upheld the punishment of withholding five increments on a Government doctor for his unauthorised leave for over five years during the days of terrorism in Punjab.
Upholding an appeal filed by the Punjab Government, the apex court set aside the orders of the Punjab & Haryana High Court and the subordinate courts which had earlier quashed the punishment imposed on Dr P L Singla.
"When the trial court and the appellate court had committed this serious error, the High Court ought to have formulated an appropriate question of law and allowed the second appeal."
"Instead, it chose to dismiss the second appeal putting its seal of approval on a wrong interpretation of law leading to serious repercussions in regard to discipline and administration," a bench of Justices R V Raveendran and L S Panta observed.
The apex court clarified that when an "extra-ordinary" leave is granted, it does not necessarily have the effect of effacing or erasing the punishment already imposed.
"The assumption by the courts below that, when an order is passed according to extra-ordinary leave for the period of absence, it will have the effect of effacing or erasing the punishment already imposed, is therefore incorrect and is a serious error of law," the apex court said.
National