Gurwinder Singh vs State Of Punjab And Others
2024 Latest Caselaw 8259 P&H

Punjab-Haryana High Court

Gurwinder Singh vs State Of Punjab And Others on 19 April, 2024

                                                                                        2024:PHHC:052677
              116
                                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH

                                                                      CWP-8553-2024
                                                                      Date of Decision: 19.04.2024


              GURWINDER SINGH                                                       ...Petitioner
                                      Versus
              STATE OF PUNJAB AND OTHERS                                           ...Respondents

              CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
              Present:-                Mr. Vivek Salathia, Advocate
                                       for the petitioner.

                                       Mr. Pawan Kumar, DAG, Punjab.

                                             *****

              JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Article 226/227 of

Constitution of India is seeking setting aside of order dated 26.07.2023

(Annexure P-5) whereby period from 11.08.2018 to 09.12.2022 has been

treated as non-duty period.

2. The petitioner in 2018 was posted at Police Station Sadar, Patti

as Head Constable. He along with other police officials came to be

implicated in FIR No.15 dated 10.08.2018 registered under Sections 342,

120-B of IPC and Sections 7, 13(2) PC Act, Vigilance Bureau, Amritsar.

The Vigilance Bureau conducted investigation and found him innocent. No

challan was presented against him. The petitioner and other officials

preferred CWP No.3201-2022 titled as "Gurwinder Singh Vs State of

Punjab & Ors" before this Court which was disposed of vide order dated

26.08.2022 with a direction to respondents to pass fresh order in accordance

authenticity of this order/judgment.

with law. The petitioner came to be reinstated by order dated 26.07.2023,

however, he has not been granted salary and other benefits for the dismissal

period i.e. 11.08.2018 to 09.12.2022.

3. Mr. Vivek Salathia, Advocate submits that along with petitioner

Preetinder Singh, Inspector was dismissed from service. He has also been

reinstated, however, vide order dated 22.06.2022, the respondent has

reinstated him with back wages and the period of dismissal from service has

been regularized. The petitioner has filed representation dated 06.10.2023

(Annexure P-6) before the authorities and grievance of the petitioner at this

stage would be re-addressed, if respondents are directed to decide his claim

in the light of order dated 22.06.2022(Annexure P-7) passed in the case of

similarly situated official namely Preetinder Singh.

4. Mr. Pawan Kumar, DAG, Punjab who on advance notice is

present in the Court submits that Competent Authority would look into

representation of the petitioner and as per law as well considering case of

similarly situated employees pass an appropriate order.

5. In the wake of statement of learned State counsel, the present

petition stands disposed of with a direction to respondents to decide

representation of the petitioner within three months from today.

                                                                         (JAGMOHAN BANSAL)
              19.04.2024                                                      JUDGE
              himanshu

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







authenticity of this order/judgment.