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may 1956

Supreme Court of India · 1956-05-08

THE STATE OF PUNJAB vs KHARAITI LAL.

Citation / case number
SC 1954/90297
Court
Supreme Court of India
Petitioner
THE STATE OF PUNJAB
Respondent
KHARAITI LAL.
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court interpreted Section 7(3) of the East Punjab Essential Services (Maintenance) Act, 1947, clarifying that a complaint does not need explicit authorization from the State Government, but can be filed by an authorized person. It distinguished between neglect of duty under Section 29 of the Police Act, 1861, and absence from work under Section 5(b) of the Essential Services Act. The Court held that while the respondent's absence may constitute neglect, it did not amount to abandonment of employment, leading to the acquittal of the constable.

THE STATE OF PUNJAB vs KHARAITI LAL. · Niyam