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2021 DAILYLAW 2453 (PNJ)

PAWAN KUMAR v. STATE OF PUNJAB AND OTHERS

CWP/18844/2021 · 2026-07-08

Kuldeep Tiwari

body2021

Judgment text

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CWP-18844-2021 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-18844-2021 (O&M) Date of Decision:-08.07.2026 Pawan Kumar ......Petitioner Vs. State of Punjab and others ......Respondents CORAM:- HON'BLE MR. JUSTICE KULDEEP TIWARI Present:- Mr. Anupam Bhardwaj, Advocate, for the petitioner. Mr. Charanpreet Singh, AAG, Punjab. KULDEEP TIWARI, J. (ORAL) 1. The petitioner, through the instant petition, seeks quashing of the order dated 12.07.2021, purported to have been issued on 14.07.2021 (Annexure P-5), vide which, his services were terminated, thereby, ignoring his request for premature retirement. 2. At the outset, upon being pointedly asked, learned counsel for the petitioner fairly concedes that the petitioner is equipped with a remedy of statutory appeal. However, he submits that the petitioner could not exhaust the remedy, as he had left India at the relevant point of time, and, is currently residing at Canada. 3. Having heard learned counsel for the petitioner, this Court is of the considered opinion that such an explanation is totally baseless. Further, learned counsel for the petitioner is unable to point out any exception, thereby compelling the Court to permit the petitioner to bye-pass the remedy of statutory appeal. Thus, this Court refrains itself from entertaining the AMIT KUMAR 2026.07.13 17:15 I attest to the accuracy and authenticity of this document CWP-18844-2021 #2# instant petition. 4. Faced with the above, learned counsel for the petitioner seeks permission to withdraw the instant writ petition with liberty to the petitioner to avail the remedy of appeal. However, he submits that, as the petition is pending before this Court since 2021, the Appellate Authority may not entertain the appeal on the ground of delay and laches. 5. In the wake of the above, the instant petition is dismissed as withdrawn with liberty to the petitioner to approach the Appellate Authority, at the first instance. In the event, the petitioner files an appeal within 2 months from the receipt of certified copy of this order, accompanied therewith an application for condonation of delay, the Appellate Authority shall consider and decide the same taking into consideration the fact that the petitioner had been diligently pursuing his cause before this Court. Thereupon, the appeal shall also be heard and decided, in accordance with law, as expeditiously as possible. ( KULDEEP TIWARI ) JUDGE 08.07.2026 Vinay/AK Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMIT KUMAR 2026.07.13 17:15 I attest to the accuracy and authenticity of this document