State Of Punjab Etc vs Prem Singh Etc
2023 Latest Caselaw 21547 P&H

Punjab-Haryana High Court

State Of Punjab Etc vs Prem Singh Etc on 11 December, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                    Neutral Citation No:=2023:PHHC:158568




                                         2023:PHHC:158568
210 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                         RSA-1513-1995 (O&M)
                                         Date of decision: 11.12.2023

State of Punjab and others
                                                ....Appellants

             Versus

SI Prem Singh (deceased) through LRs
                                               ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Vikas Arora, AAG, Punjab

ANIL KSHETARPAL, J (Oral)

1. This Regular Second Appeal has been filed by the State

of Punjab and its officials to challenge the correctness of the

judgment and decree passed by the First Appellate Court. The

plaintiff's suit for the grant of decree of declaration that the order

dated 12.04.1985, retiring him prematurely as well as the order

dismissing his appeal are illegal, null and void. The suit filed by the

plaintiff was dismissed. However, the First Appellate Court

reversed the judgment and decree passed by the trial court on the

ground that the order of the compulsory retirement was passed by

the Senior Superintendent of Police, who was not an appointing

authority.

2. Learned counsel representing the appellants submits

that while admitting the appeal, no interim order was passed in

favour of the appellants and the respondent was taken back in

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Neutral Citation No:=2023:PHHC:158568

RSA-1513-1995 (O&M) 2 2023:PHHC:158568

service and has also retired. It is also submitted that during the

pendency of the execution petition, all the admissible benefits have

already been released to the respondent. He submits that the State

of Punjab does not wish to press the present appeal and the same

may be dismissed as such.

3. Ordered accordingly.

4. All the pending miscellaneous applications, if any, are

also disposed of.

11.12.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:158568

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