Extracted from the PDF above. The PDF is authoritative.
CWP-8214-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136
CWP-8214-2025 Date of Decision: 24.03.2025 Sukhdev Singh
…Petitioner Versus State of Punjab and others
…Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Sameer Sachdeva, Advocate and Mr. Harnirmal Singh, Advocate for the petitioner
Mr. Aman Dhir, Deputy Advocate General, 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 orders dated 16.01.2024 (Annexure P-3) and 19.01.2024 (Annexure P-4) as well as orders dated 02.05.2024 (Annexure P-5) and 06.05.2024 (Annexure P-6) whereby he has been awarded punishment and Appellate Authority has dismissed his appeals.
2.
Mr. Sameer Sachdeva, Advocate, at the outset, submits that petitioner is primarily aggrieved from order dated 19.01.2024 (Annexure P- 4) whereby he has been compulsorily retired despite awarding punishment of forfeiture of 5 years service for the same offence. The petitioner was subjected to two trials, however, he was subjected to one departmental inquiry because there was one transaction which led to registration of FIR under Prevention of Corruption Act, 1988 (for short ‘PC Act’) as well as Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS MOHIT KUMAR 2025.03.24 17:39 I attest to the accuracy and integrity of this
order/judgement.
CWP-8214-2025
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Act’). The Disciplinary Authority has awarded punishment qua offence under PC Act as well as NDPS Act. He has preferred appeal before the Director General of Police, Punjab (for short ‘DGP’) against order of Appellate Authority but the DGP is not adjudicating his appeal.
3.
Mr. Aman Dhir, Deputy Advocate General, Punjab, who on advance notice is present in Court, assures the Court that the DGP would decide petitioner’s appeal/revision expeditiously.
4.
From the perusal of Punjab Police Rules, 1934, it is evident that there is no provision which permits second appeal. There is only one provision i.e. Rule 16.32 which permits revision against order of Appellate Authority. Nevertheless, considering the limited prayer of the petitioner, the instant petition stands disposed of with a direction to the Director General of Police, Punjab to adjudicate petitioner’s appeal/revision within three months from today.
5.
Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the authorities shall proceed without being prejudiced by observations of this Court.
(JAGMOHAN BANSAL)
JUDGE 24.03.2025 Mohit Kumar
Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.03.24 17:39 I attest to the accuracy and integrity of this
order/judgement.