Add to favourtiesState of Punjab V. Amar Singh Harika, AIR 1966 SC 1313 : (1966) 2 LLJ 188, where one of the questions canvassed was whether an order of dismissal can be said to be effective only from the date when it is made known or communicated to the concerned public servant. The facts of the case show that though the order of dismissal was passed on June 3, 1949 and a copy thereof was sent to other 6 persons noted thereunder, no copy was sent to the concerned public servant who came to know of it only on May 28, 1951 and that too only through another officer. On these facts, the Court held, rejecting the contention that the order became effective as soon as it was issued, that the mere passing of the order of dismissal would not make it effective unless it was published and communicated to the concerned officer.
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Actual knowledge by him of an order where it is one of dismissal, may, perhaps, become necessary because of the consequences which the decision in State of Punjab V. Amar Singh Harika, AIR 1966 SC 1313 : (1966) 2 LLJ 188, contemplates. But such consequences would not occur in the case of an officer who has proceeded on leave and against whom an order of suspension is passed because in his case there is no question of his doing any act or passing any order and such act or order being challenged as invalid.
referred in State of Punjab v. Khemi Ram – 1969 SCeJ 002
