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2025 DAILYLAW 70208 (PNJ)

HARSAJANBIR SINGH v. STATE OF PUNJAB AND OTHERS

CWP/17376/2025 · 2025-07-01

Jagmohan Bansal

body2025

Judgment text

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CWP-17376-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17376-2025 Date of Decision: 01.07.2025 Harsajanbir Singh ......Petitioner(s) Versus State of Punjab and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Sunil K. Nehra, Advocate, for the petitioner. Mr. Aman Dhir, DAG, Punjab. JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of order dated 19.10.2020 (Annexure P-3) whereby he was dismissed from service. 2. Mr. Sunil K. Nehra, learned counsel for the petitioner submits that by order dated 19.10.2020, the petitioner was dismissed from service without holding departmental inquiry as contemplated by Rule 16.24 of Punjab Police Rules, 1934 read with Article 311 of Constitution of India. The dismissal order was passed on account of registration of FIR No.346 dated 14.10.2020 under Sections 21 and 61 of the NDPS Act, 1985 at Police Station Civil Lines, Batala. The Deputy Superintendent of Police conducted inquiry and found him innocent. Challan has been presented against other accused and name of petitioner is recorded in Column No.2. He has preferred appeal before Appellate Shivani Gupta Authority against order of dismissal from service, however, Appellate 2025.07.01 17:52 I attest to the accuracy and integrity of this document CWP-17376-2025 2 Authority has kept the matter pending on the ground that FIR case is still pending. As challan has not been presented against the petitioner, Appellate Authority is duty bound to adjudicate his appeal. 3. Mr. Aman Dhir, DAG, Punjab, who on advance notice is present in Court, expressed his inability to controvert afore-stated factual position. 4. In the wake of afore-stated factual position, this Court finds it appropriate to direct Appellate Authority to decide petitioner’s appeal within 3 months from today in accordance with law. 5. Disposed of. 01.07.2025 (JAGMOHAN BANSAL) shivani JUDGE Whether reasoned/speaking Yes Whether reportable No Shivani Gupta 2025.07.01 17:52 I attest to the accuracy and integrity of this document