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2025 DAILYLAW 42136 (PNJ)

HEAD CONSTABLE ARJAN SINGH v. STATE OF PUNJAB AND OTHERS

CWP/9559/2025 · 2025-04-04

Jagmohan Bansal

Special Leave Petitionbody2025

Judgment text

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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