Harbans Singh vs State Of Punjab And Anr
2023 Latest Caselaw 9575 P&H

                                                         Neutral Citation No:=2023:PHHC:085869




           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
111                                                        2023:PHHC:085869

                                                 RSA-4886-2019
                                                 Date of decision: 07.07.2023

HARBANS SINGH                                       ..Appellant

                                   Versus

STATE OF PUNJAB AND ANR                             ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: None for the appellant.

Mr. Sandeep Chopra, DAG, Punjab.

ANIL KSHETARPAL, J(Oral)

1. This appeal was filed in the year 2019.

2. For the last 4 years, the appeal has not been taken up for

preliminary hearing.

3. On 04.07.2023, the learned counsel representing the appellant

did not attend the hearing of the case. While adjourning the case, the office

was directed to inform the learned counsel representing the appellant, which

has been complied with.

4. In the first round, the learned counsel appeared and sought pass

over, however, in the second round, he is not present.

5. Keeping in view the facts, this Court is left with no choice but

to read and decide.

6. The appellant herein was appointed as a Special Police Officer

on temporary basis in the year 1992. He was removed from service on

09.05.1994. Thereafter, the appellant submitted various representations in

the year 1994, 1995, 1998 and 2001. In the year 2009, he sent a notice,

which was considered and rejected by the Inspector General of Police.

Thereafter, the petitioner filed CWP-1473-2010, which was permitted to be

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Neutral Citation No:=2023:PHHC:085869

withdrawn with liberty to file civil suit. The appellant filed the suit, which

was decreed by the trial Court. However, the First Appellate Court has

reversed the judgment and decree passed by the trial Court. It is evident that

the civil suit was filed after a passage of 16 years from the date the appellant

was removed from the service. Moreover, he was inducted as Special Police

Officer on temporary basis. The Special Police Officer is not a cadre post.

The Special Police Officers are engaged as and when there is an additional

requirement of the police force. He served only for two years.

7. In the grounds of appeal, it has not been disclosed that the

services of Special Police Officers are governed by any Service Rules

framed under Article 309 of the Constitution of India, which grant protection

to the Special Police Officers.

8. In view of the aforesaid, no ground to interfere with the

judgment passed by the First Appellate Court, is made out.

9. Dismissed.

10. All the pending miscellaneous applications, if any, are also

disposed of.

July 07th, 2023                                 (ANIL KSHETARPAL)
Ay                                                    JUDGE

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

Neutral Citation No:=2023:PHHC:085869

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