Citation : 2024 Latest Caselaw 7450 P&H
Judgement Date : 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.
integrity of this order/judgment
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
integrity of this order/judgment
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