Nishan Singh vs State Of Punjab And Others
2024 Latest Caselaw 18915 P&H

Punjab-Haryana High Court

Nishan Singh vs State Of Punjab And Others on 25 October, 2024

                                  Neutral Citation No:=2024:PHHC:140476



CWP-9699-2021                      1




      IN THE HIGH COURT OF PUNJAB & HARYANA
                   AT CHANDIGARH

222                                       CWP-9699-2021
                                          Date of Decision : 25.10.2024


NISHAN SINGH (DECEASED) THROUGH LRS

                                                      .... PETITIONER

                           V/S

STATE OF PUNJAB AND OTHERS
                                                      .... RESPONDENTS

CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :-   Mr.Naresh Jain, Advocate
             for the petitioner.

             Mr. G.S.Bhullar, AAG, Punjab.

                    ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Articles

226/227 of the Constitution of India is seeking setting aside of order

dated 13.02.2019 (Annexure P-2) to the extent he while reinstatement has

been denied back wages on the principle of "No Work, No Pay".

2. Mr. Naresh Jain, Advocate submits that the petitioner was

dismissed from service without conducting enquiry. There was allegation

that he is involved in smuggling of opium. No FIR was registered against

him. He came to be reinstated by impugned order, however, without back

wages. The respondent has applied principle of "No Work, No Pay"

whereas case of the petitioner is governed by Punjab Police Rules, 1934

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Neutral Citation No:=2024:PHHC:140476

read with Punjab Civil Services Rules as well as Fundamental Rules. He

submits that case of the petitioner is squarely covered by judgment of this

Court passed in a bunch of petitions including CWP No.7776 of 2024

titled as "Iqbal Singh vs. State of Punjab and others".

3. Faced with this, Mr. Bhullar submits that the competent

authority would re-consider case of the petitioner in the light of judgment

of this Court passed in a bunch of petitions including CWP No.7776 of

2024.

4. In the wake of statement of both sides, the petition stands

disposed of with a direction to the respondents to reconsider claim of the

petitioner qua back wages. Let the needful be done within three months

from today.

                                             (JAGMOHAN BANSAL)
                                                  JUDGE
25.10.2024
anju


              Whether speaking/reasoned         : Yes/No
              Whether Reportable                : Yes/No




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