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2025 DAILYLAW 84157 (PNJ)

HC/PR NAMINDER SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/21340/2025 · 2025-07-29

Jagmohan Bansal

body2025

Judgment text

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CWP-21340-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21340-2025 Date of Decision: 29.07.2025 HC/PR Naminder Singh and others ......Petitioner(s) Versus State of Punjab and others ....Respondent(s) AND CWP-21414-2025 ASI/LR Charanjit Singh and others ......Petitioner(s) Versus State of Punjab and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Krishan Kumar Thakur, Mr. Paras Khindri, Mr. Gurpreet S. Brar and Mr. K.S. Brar, Advocates, for the petitioners. Mr. Aman Dhir, DAG, Punjab. Mr. Gurtej Singh, Legal Consultant, Intelligence Wing, Punjab. **** JAGMOHAN BANSAL, J. (Oral) 1. By this common order, CWP-21340-2025 and CWP-21414-2025 are hereby adjudicated as issues involved and prayer sought in both the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-21340-2025. Shivani Gupta 2025.07.29 16:56 I attest to the accuracy and integrity of this document CWP-21340-2025 2 2. The petitioners through instant petition under Article 226 of the Constitution of India are seeking setting aside of impugned letter dated 15.07.2025 whereby DGP has asked ADGP to send a list of 20% employees of PAP, IRB and Commando to be repatriated to their parent departments. 3. The petitioners are working with Intelligence Wing of Punjab Police on deputation basis. Their parent department is either PAP or IRB or Commando. The respondent by impugned order has desired to repatriate 20% employees to their parent department. 4. Mr. Krishan Kumar Thakur, learned counsel for the petitioners submits that petitioners are working with Intelligence Wing for almost one decade. They cannot be repatriated without complying with standing order No.3 of 2017 issued by respondent. There is no allegation of misconduct against them and respondent is not following the procedure prescribed by aforesaid standing order. 5. Mr. Aman Dhir, DAG, Punjab, who on advance notice is present in Court, submits that instant petition is premature because till date list of employees to be repatriated has not been finalized. There is need of officers in their parent cadres, thus, DGP has decided to repatriate them from Intelligence Wing. The respondent while finalizing the matter would take care of standing order pointed out by respondent as well as interim orders passed by Division Bench of this Court in CWP-6737-2022, order dated 06.03.2024 passed by this Court in CWP-19966-2017 apart from statutory provisions. The impugned communication is an administrative decision. 6. I have heard the arguments and perused the record. 7. From the perusal of impugned communication, it is evident that it, at least at this stage, is an administrative decision. No final decision has Shivani Gupta 2025.07.29 16:56 I attest to the accuracy and integrity of this document CWP-21340-2025 3 been arrived at by the competent authority. As contended by learned State counsel, the respondent would take final decision after complying with applicable Rules, Regulations as well as standing orders. 8. Disposed of in above terms. 29.07.2025 (JAGMOHAN BANSAL) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2025.07.29 16:56 I attest to the accuracy and integrity of this document