State Of Punjab And Others vs Avinash Dalmotra
2024 Latest Caselaw 9257 P&H

Punjab-Haryana High Court

State Of Punjab And Others vs Avinash Dalmotra on 30 April, 2024

Author: G.S. Sandhawalia

Bench: G.S. Sandhawalia

                              Neutral Citation No:=2024:PHHC:058797-DB



                                           Neutral Citation No. 2024:PHHC:058797-DB

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

(112)                                             LPA-898-2024 (O&M)
                                                  Decided on : 30.04.2024

State of Punjab & others                                        ......Appellant(s)
                                         Versus

Avinash Dalmotra                                                ......Respondent(s)


CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
        ACTING CHIEF JUSTICE
        HON'BLE MS.JUSTICE LAPITA BANERJI

Present:     Mr.Saurav Khurana, Addl.A.G., Punjab, for the appellant (s).

                *****

G.S. Sandhawalia, Acting Chief Justice (Oral)

CM-2191-LPA-2024

1. Application for condoning the delay of 20 days in filing the

present appeal is allowed, in view of the averments made in the application,

duly supported by affidavit of the official. Delay of 20 days in filing the

appeal is hereby condoned.

2. CM stands disposed of.

LPA-898-2024 (O&M)

3. Consideration in the present appeal is to the judgment dated

14.02.2024 passed by the Learned Single Judge in CWP-28074-2022 whereby

the writ petitioner was granted the benefit of issuance of appointment letter to

the post of Constable in the District Police and Armed Police Cadre in

pursuance of the advertisement No.2 of 2021 dated 16.07.2021.

4. Mr.Khurana has placed on record affidavit of the writ petitioner

dated 29.04.2024 wherein it has been averred that he had applied for the post

of Clerk in this Court and has been selected and therefore, does not want to

join to the post of Constable. Said affidavit is taken on record.

1 of 2

Neutral Citation No:=2024:PHHC:058797-DB

(112) LPA-898-2024 (O&M) -2-

5. Keeping in view the above, we are of the opinion that the issue

which is subject matter of consideration has now been rendered academic and

there is no need to take a call on the same. Resultantly, we dispose of the

present appeal with the direction that the order of the Learned Single Judge

dated 14.02.2024 is not liable to be implemented and the State is not under any

obligation to implement the said order in view of the undertaking given by the

writ petitioner. It is however open to the writ petitioner to file appropriate

application if what has been depicted is not correct.

6. With the above observations, the present appeal stands disposed

of. All pending application(s) also stand disposed of.

(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE

(LAPITA BANERJI) 30.04.2024 JUDGE Sailesh

Whether speaking/reasoned : Yes Whether Reportable : No

2 of 2