Shispal Singh vs State Of Punjab And Ors

Punjab-Haryana High Court

Shispal Singh vs State Of Punjab And Ors on 8 April, 2024

               CWP-7885-2024                           2024:PHHC:047133                     1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               134
                                                                  CWP-7885-2024
                                                                  Date of decision: 08.04.2024

               Shispal Singh
                                                                                   ....Petitioner
                                                       Versus

               State of Punjab and others
                                                                                   ...Respondents

               CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                                 *****

Present : Mr. H.C. Arora, Advocate and Ms. Sunaina, Advocate for the petitioner.

***** AMAN CHAUDHARY. J (Oral)

1. The prayer in the present Civil Writ Petition filed under Article 226 of the Constitution of India, is to issue a writ in the nature of mandamus, for directing the respondents to reconsider the termination order dated 15.10.2020 of the petitioner and also to regularize him.

2. Learned counsel would submit that the services of the petitioner were terminated vide order dated 15.10.2020, on account of unauthorized absence from duty w.e.f. 09.04.2019, which was due to FIR No.29, dated 07.04.2019, under Sections 302, 307, 148 and 149 IPC registered against him. He was taken into custody on 30.05.2019, wherefrom he was acquitted on 24.11.2023 by the learned Sessions Judge. In this regard, a representation appended as Annexure P-7, has been submitted by him seeking reinstatement, which has yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to respondent No.2 to decide the same in a time bound manner by granting him an opportunity of hearing.

3. Notice of motion.

2024.04.09 16:47 I attest to the accuracy and integrity of this order/judgment CWP-7885-2024 2024:PHHC:047133 2

4. At the asking of the Court, Mr. Manipal Singh Atwal, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5. In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent No.2 to consider the representation, Annexure P-7 and decide the same taking note of the pleas raised, within a period of four months and if found entitled, necessary relief be granted to him forthwith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
               08.04.2024
               Hemant

                           Whether speaking/reasoned             :      Yes / No
                           Whether reportable                    :      Yes / No




HAMANT
2024.04.09 16:47
I attest to the accuracy and
integrity of this order/judgment