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2025 DAILYLAW 56480 (PNJ)

BANSI LAL v. STATE OF HARYANA AND OTHERS

CWP/13517/2025 · 2025-05-13

Jagmohan Bansal

body2025

Judgment text

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` CWP-13517-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 123 CWP-13517-2025 Date of Decision: 13.05.2025 Bansi Lal …Petitioner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Sunil Kumar Nehra (Sirsa), Advocate for the petitioner Ms. Rajni Gupta, Additional Advocate General, Haryana *** JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 08.02.2025 (Annexure P-2) passed by respondent No.4-Superintendent of Police, Sirsa whereby he has been treated on leave without pay from 07.08.2023 to 02.10.2023, 10.10.2023 to 14.10.2023 and 20.10.2023 to 06.12.2023. 2. The petitioner claims that while on duty, he met with an accident on 07.08.2023. He suffered injuries. He remained under treatment from Government Hospital, Dabwali. Despite said fact, the respondent has treated his leave period as leave without pay. 3. From the perusal of impugned order, it is evident that Superintendent of Police, Sirsa has not assigned any reason while declaring petitioner’s absence period as leave without pay. MOHIT KUMAR 2025.05.13 17:42 I attest to the accuracy and integrity of this order/judgement. ` CWP-13517-2025 -2- 4. Learned counsel for the petitioner submits that the petitioner has complete medical record and as per applicable Service Rules, the period in question could not be treated as leave without pay. 5. On being confronted with impugned order, learned State counsel expressed her inability to controvert the fact that impugned order is non-speaking. 6. In the backdrop, the present petition stands disposed of with a direction to respondent No.4-Superintendent of Police, Sirsa to pass a speaking order within three months after granting opportunity to the petitioner to submit documents in support of his claim. (JAGMOHAN BANSAL) JUDGE 13.05.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.05.13 17:42 I attest to the accuracy and integrity of this order/judgement.