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1990 DAILYLAW 8 (PNJ)

(O&M)PUNJAB STATE AND ORS. v. NAVJEET SINGH

RSA/1990/2007 · 2026-03-10

Sudeepti Sharma

body1990

Judgment text

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RSA-1990-2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1990-2007 (O&M) PUNJAB STATE AND ORS ..Appellants Versus NAVJEET SINGH ..Respondent Reserved on: 09.03.2026 Pronounced on : 10.03.2026 Uploaded on : 11.03.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Animesh Sharma, Addl. A.G, Punjab. None for the respondent. SUDEEPTI SHARMA, J. 1. The present regular second appeal is preferred by State of Punjab against judgment and decree dated 15.03.2007, passed by learned Additional District Judge (ad hoc), Fast Track Court, Amritsar, whereby, the appeal filed by the respondent was allowed. BRIEF FACTS OF THE CASE 2. Brief facts of the case as per the pleadings in the civil suit are that challenge in the civil suit was to order dated 07.02.2000 vide which the respondent was dismissed from service and order dated 21.02.2000 vide which appeal filed by him was also dismissed. Civil suit filed by him was dismissed vide judgment and decree dated 28.08.2004 passed by learned Civil Judge (Junior Division), Amritsar. He filed appeal against the same, MOHD AYUBwhich was accepted and civil suit was decreed in his favour by learned 2026.03.11 15:58 I attest to the accuracy and authenticity of this order/judgment. RSA-1990-2007 (O&M) -2- Additional District Judge (ad hoc), Fast Track Court, Amritsar vide its judgment and decree dated 15.03.2000. Hence, the present Regular Second Appeal. 3. Learned counsel for the appellants contends that during the pendency of the present regular second appeal, mother of respondent Mrs. Jaswinder Kaur filed application before the Office of Director General of Police, Punjab, Chandigarh for reinstatement of his son, which was approved vide order dated 16.08.2012 and respondent was reinstated vide reinstatement order dated 16.08.2012, which is reproduced as under:- “Ex-Constable Navjeet Singh No.9/404-PAP was enlisted on 11-09-1996 as constable on compassionate grounds under Priority List Instructions. He remained absent for 31 days w.e.f. 07-02-2000 to 09-03-2000 without authorised leave from competent authority. Accordingly, a departmental enquiry was initiated against him. In the enquiry he was found guilty and accordingly he was dismissed from service by Comdt. 9th BN PAP vide order No. 1644-50/St dated 07-09-2000. 2. He filed an appeal before DIG/Admn. PAP against the order of dismissal, which was rejected vide order dated 21-12-2000. Thereafter, he filed civil suit in the Court of Civil Judge ASR. Which was dismissed by the learned Court on 28-08-2004. He filed an appeal in the Court of Additional Distt. Judge ASR, which was accepted on 15- 03-2007. The State filed an RSA in the Hon'ble High Court which is still pending. His mother submitted an appeal against the order of dismissal to ADGP/Armed Bns. The same was rejected vide order No.19147/B dated 20-12-2006. 3. Navieet Singh had been enlisted as a constable on compassionate grounds as his father, a volunteer in the MOHD AYUB 2026.03.11 15:58 I attest to the accuracy and authenticity of this order/judgment. RSA-1990-2007 (O&M) -3- Punjab Homegaurds was killed by terrorists in 1988. The appeal preferred by his mother has been considered keeping in mind the supreme sacrifice of his father and the economic condition of the family, the appeal is accepted. Accordingly. He is re-instated in service with immediate effect. However, he will not be entitled to back wages. A Copy of the order be supplied to Ex-constable Navjeet Singh No.9/404 free of cost. This order is being issued with the approval of Director General of Police, Punjab.” 4. And that respondent-Navjeet Singh died on 06.11.2016 while on duty, therefore, nothing survives in the present appeal and the same is rendered infructuous. 5. In view of the statement made by learned counsel for the appellants-State, the present regular second appeal is dismissed as not pressed as having been rendered infructuous. 6. All the pending miscellaneous applications, if any, are also disposed of. 10.03.2026 (SUDEEPTI SHARMA) Ayub/Sahil JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2026.03.11 15:58 I attest to the accuracy and authenticity of this order/judgment.