623 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Date of Decision: 09.09.2025 1. CWP-21006-2008 (O&M) Jagbir Singh ...Petitioner Versus State of Haryana and Others ...Respondents 2. CWP-15686-2010 (O&M) Jagbir Singh ...Petitioner Versus State of Haryana and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Tapan Kumar Yadav, Advocate and Mr. Sakeel Ahmad, Advocate for the petitioner. Mr. Suneel Ranga, DAG, Haryana. **** JAGMOHAN BANSAL, J. (ORAL) 1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-21006-2008. 2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 29.11.2008 (Annexure P-5) whereby he was ordered to retire. 3. On 15.12.2008 while issuing notice of motion, a Division Bench of this Court stayed operation of impugned order dated PRINCE CHAWLA 2025.09.10 09:18 I attest to the accuracy and integrity of this document CWP-21006-2008 (O&M) and CWP-15686-2010 (O&M) -2- 29.11.2008. Order dated 15.12.2008 reads as: “Learned counsel for the petitioner has contended that the petitioner faced prosecution in FIR 230 and 452. Adverse remarks were entered in his ACR for April 1, 2000 to March 31, 2001 making reference to FIR 236. Similarly, reference was made in the remarks for April 1, 2001 to December 31, 2001 to FIR 236 and 452. The petitioner was compulsorily retired on June 19, 2007 but the said order was withdrawn. This stands recorded in judgment Annexure P-4 dated July 12, 2007. It has been now contended that the petitioner has been acquitted in FIR 452 on March 31, 2008. Therefore, the remarks require to be expunged and the order of the compulsory retirement requires to be reconsidered. Notice of motion for February 16, 2009. Meanwhile operation of Annexure P-S shall remain stayed.” 4. The petitioner on attaining the age of superannuation retired from service. He remained in service due to aforesaid interim order. 5. In the backdrop, this Court does not find it appropriate to return findings on merit. It would be in the interest of justice and fitness of things if interim order is made absolute. Accordingly, interim order dated 29.11.2008 is hereby made absolute. 6. Disposed of. 7. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 09.09.2025 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2025.09.10 09:18 I attest to the accuracy and integrity of this document