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The Haryana Government has been bashed by the Punjab and Haryana High Court for its ‘casual approach’ while pursuing an appeal filed before the court. The State had filed an application for condonation of 17 days delay in re-filing of the appeal. While the State had submitted that it was rectifying certain objections raised by the Registry, the Bench comprising acting Chief Justice AK Mittal and Justice Tejinder Singh Dhinsa stated that the excuse was invalid.
The Court rejected this justification by the State and noted, “The instant application only reflects the casual approach adopted by the State Government in pursuing the appeal that had been filed. The justification put forth cannot be accepted. Prayer is declined.”
The Appeal concerned Ms. Shashi Bala, an anganwadi worker, was granted a relief of reinstatement with continuity of service, along with 50% back wages. This was awarded to her in April, 2014, by Labour Court. Her services had been terminated in August, 2007, on grounds of embezzlement of funds.
The Haryana State Women & Child Development Department has contended that Ms. Shashi Bala has confessed her guilt, and that there is no requirement for a full-fledged inquiry in law, post this confession. The State has contended that she did not enjoy any ‘civil post’. The Court has refused to agree with these contentions, stating that the inquiry was not in the light of admission to guilt on the part of the respondent, and should have been conducted an how. The same admittedly has not been done. Hence, the appeal was dismissed on the grounds of delay, as well as lack of merits.
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