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2011 DAILYLAW 2454 (PNJ)

DALIP SINGH v. DIRECTOR GENERAL OF POLICE, HARYANA & ORS.

CWP/1261/2011 · 2026-07-22

Aman Chaudhary

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Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 772 CWP-1261-2011 (O&M) Date of decision: 22.07.2026 Dalip Singh ....Petitioner Versus Director General of Police, Haryana and Others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. Ramesh Hooda, Advocate for the petitioner Mr. Naveen Kumar, Addl. AG, Haryana ***** AMAN CHAUDHARY, J. (ORAL) 1. Learned counsel submits that the petitioner was exonerated by the disciplinary authority vide order dated 23.12.2008, Annexure P-5, however, vide Annexure P-6, disagreement note was served upon him by the Inspector General of Police, for which show cause notice dated 12.02.2009, Annexure P-7 came to be issued, for which a reply was filed and order dated 18.05.2009, Annexure P-9 was passed, reviewing the order of disciplinary authority, which could not as per Rule 16.28 of Punjab Police Rules, 1934 as it was not a case of the award of subordinate to have been confirmed, enhanced, modified or annul the same or make further investigation. An appeal was filed against the same on 04.06.2009, Annexure P-10, wherein the specific ground was taken of no jurisdiction with the Inspector General of Police to pass an order and the same was without taking note of it, was also dismissed on 29.10.2009, Annexure P-11. Reliance in this regard is placed on the judgments of this Court in Vijay Kumar vs. State of Haryana and Others, CWP-9577-2015, decided on 16.03.2017 as also Inspector Prithvi Singh vs. State of Haryana and Others, CWP-8653-2025, MOHIT 2026.07.23 19:52 I attest to the accuracy and integrity of this document CWP-1261-2011 (O&M) -2- decided on 08.05.2025. He prays that the matter may be reconsidered by the Appellate Authority in a time bound manner. 2. The above facts having been brought out, during the course of hearing, learned State counsel fairly states that the appellate authority would not be averse to having a relook at the matter. 3. In view of the candid stand taken on either side, the present petition is disposed of while setting aside the order dated 29.10.2009, Annexure P-11, passed in appeal, by remanding it to the Appellate Authority for reconsideration with regard to the punishment awarded, keeping in mind the submissions advanced by learned counsel for the petitioner and decide the same expeditiously, in accordance with law, after affording a proper opportunity of hearing to him, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. (AMAN CHAUDHARY) JUDGE 22.07.2026 M.Kamra Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT 2026.07.23 19:52 I attest to the accuracy and integrity of this document