Ombir vs State Of Haryana And Others
2022 Latest Caselaw 7545 P&H

CWP No.23405 of 2021 (O&M)                                  -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                        CWP No.23405 of 2021 (O&M)
                                        Date of Decision.22.07.2022

Ombir                                                                ...Petitioner

                                        Vs


State of Haryana and others                                      ...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr. Chanderhas Yadav, Advocate for the petitioner.

Ms. Upasana Dhawan, AAG, Haryana.

-.-

JAISHREE THAKUR J. (ORAL)

The instant writ petition has been filed by the petitioner under

Article 226/227 of the Constitution of India for setting aside the order dated

27.10.2021/09.04.2021 passed by respondent No.2 whereby candidature of

the petitioner has been rejected.

The grouse of the petitioner is that his case ought to have been

considered in terms of Rule 12.18 (3) (c) instead of Rule 12.18 (3) (b) of the

Punjab Police Rules (Amended), 2015 (hereinafter referred to as 2015

Rules). In case, the respondent-authorities would consider the case of the

petitioner under Rule 12.18 (3) (c) of the 2015 Rules, he would be entitled

for appointment to the post of Male Constable (GD).

Learned counsel appearing on behalf of the respondent-State

would submit that the petitioner herein was not honourably acquitted and

therefore, question of offering him appointment would not arise. In support

of her arguments, she relies upon the judgment rendered by this Court in

Ramji Vs. State of Haryana and others 2021(1) SCT 117, applicability of

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which is disputed by the counsel appearing for the petitioner as the case of

Ramji involved question of moral turpitude, which is not the case at hand.

Be that as it may, since there was a specific direction given by a

Coordinate Bench of this Court in CWP No.10367 of 2021 to decide the

case of the petitioner in terms of Rule 12.18(3) (c) of 2015 Rules and the

judgment rendered by Hon'ble Supreme Court in Civil Appeal No.2325 of

2009 decided on 11.11.2014 titled as Joginder Singh Vs. Union Territory of

Chandigarh and others, without going into merits of the case, the matter is

remanded back to respondent No.2 to take a fresh decision within a period

of four weeks from the date of receipt of certified copy of this order and

communicate the same to the petitioner forthwith.

The writ petition stands disposed of in above terms.

                                              (JAISHREE THAKUR)
                                                    JUDGE
July 22, 2022
Pankaj*           Whether speaking/reasoned         Yes/No
                  Whether reportable                Yes/No




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