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2025 DAILYLAW 81022 (PNJ)

GOBIND DASS v. STATE OF HARYANA AND OTHERS

CWP/20639/2025 · 2025-07-23

Jagmohan Bansal

body2025

Judgment text

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CWP-20639-2025 1 106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20639-2025 Date of Decision: 23.07.2025 GOBIND DASS ......... Petitioner Versus STATE OF HARYANA AND OTHERS ..... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present : Mr. Sandeep Goyat, Advocate for the petitioner. Ms. Rajni Gupta, Addl. AG, Haryana. **** JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of order dated 05.06.2025 (Annexure P-10) passed by respondent No.3 whereby he was ordered to be retired on the ground of adverse entry in ACR as well as Character Roll. 2. The petitioner joined Haryana Police Force as Constable on 07.07.1992. He from time to time was promoted to higher ranks. He time and again was awarded punishment of censure. He is currently ESI and going to superannuate on 30.08.2028. Adverse remarks for the period from August’ 2018 to March’ 2019 were recorded in his ACR. He was awarded punishment of stoppage of five increments with permanent effect. 3. Exercising powers under Rule 9.18 (1) (c), Disciplinary Authority issued show cause notice dated 05.08.2025 ordering premature PRINCE CHAWLA 2025.07.23 18:25 I attest to the accuracy and integrity of this document CWP-20639-2025 2 retirement of petitioner on 06.09.2025 4. Mr. Sandeep Goyat, Advocate submits that impugned order is stigmatic and in the teeth of judgment passed by this Court in Civil Writ Petition No.2766 of 2025 titled as ‘Naresh Kumar Vs. State of Haryana and others’ passed on 13.02.2025. 5. On being confronted with impugned order and afore-cited judgment, Ms. Rajni Gupta, Addl. A.G., Haryana who on advance notice is present in Court expressed her inability to controvert the fact that impugned order is stigmatic, however, submits that respondent may be granted liberty to pass fresh order in accordance with law. 6. In the wake of judgment dated 13.02.2025 passed by this Court in Naresh Kumar (supra), the impugned order deserves to be set at naught. Accordingly, the impugned order is hereby set aside with liberty to respondent to pass fresh order in accordance with law. It is made clear that fresh order, if any, shall be passed in accordance with law. 7. Disposed of in above terms. ( JAGMOHAN BANSAL ) JUDGE 23.07.2025 Prince Chawla Whether speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2025.07.23 18:25 I attest to the accuracy and integrity of this document