HEAD CONSTABLE ARJAN SINGH v. STATE OF PUNJAB AND OTHERS
CWP/9559/2025 · 2025-04-04
Jagmohan Bansal
Special Leave Petitionbody2025
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[ 2025 DAILYLAW 42136 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42136 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
122+123
CWP-9559-2025
Date of decision: 04.04.2025
HEAD CONSTABLE ARJAN SINGH
….PETITIONER
Vs.
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CWP-9560-2025
SENIOR CONSTABLE NISAN SINGH
….PETITIONER
Vs.
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Dhiraj Chawla, Advocate
for the petitioner(s).
Mr. Aman Dhir, DAG, Punjab.
****
JAGMOHAN BANSAL, J (ORAL)
1.
By this common order, above-said petitions are being disposed of since issues involved in both the petitions and prayer sought therein are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-9559-2025.
2.
The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 09.05.2024 (Annexure P-3) as well as order dated 29.01.2025 (Annexure P-4) to the extent he has been denied arrears of salary.
3.
The petitioner joined Punjab Police as Constable. He came to be implicated in FIR No. 231 dated 08.10.2005 under Sections 376-A, G, 342, 323, 506, 120-B IPC registered at Police Station Civil Lines, Amritsar. The
MANOJ KUMAR 2025.04.05 09:49 I attest to the accuracy and integrity of this document
CWP-9559-2025
-2-
CWP-9560-2025
respondents without conducting inquiry dismissed him from service. He was convicted vide judgment dated 12.02.2009 passed by trial Court. He was awarded sentence of 10 years. He came to be acquitted by this Court vide judgment dated
09.04.2010. State filed SLP (Crl.) No. 6250-6254 of 2013 which was dismissed on
23.02.2018. On the direction of this Court, respondents considered petitioner’s claim for reinstatement. He was reinstated by order dated 09.05.2024, however, without back wages on the principle of “No Work No Pay”. He unsuccessfully preferred appeal before Appellate Authority qua back wages.
4.
Mr. Dhiraj Chawla, Advocate submits that 3 police officials were implicated in the aforesaid FIR.
5.
On the direction to this Court, the respondents have reinstated all the three police officials, however, back wages have been granted qua one official i.e. Mohan Lal. Thus, the petitioner also deserves back wages.
6.
Mr. Aman Dhir, DAG, Punjab who on advance notice is present in Court, submits that Competent Authority would consider claim of the petitioner in terms of judgment of this Court in ‘‘Iqbal Singh Vs. State of Punjab and others’ (2024) SCC OnLine P&H 5027.
7.
In the wake of statement of learned State Counsel, the petition stands
disposed of. Let the needful be done within 3 months from today.
8.
It is made clear that arrears, if any, would not carry interest, if the payment is made within 6 months from today.
04.04.2025
[JAGMOHAN BANSAL] manoj
JUDGE Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
MANOJ KUMAR 2025.04.05 09:49 I attest to the accuracy and integrity of this document