CWP-12822-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114 CWP-12822-2026 (O&M) Date of decision: 23.07.2026 Lalit Bhardwaj ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rakesh Sobti, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. A.G., Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 09.03.2026 (Annexure P-44) passed by respondent No.3, vide which the claim of the petitioner for releasing the benefit of 2nd ACP to the post of TGT (Social Science Master) has been rejected on account of registration of FIR No.0011 dated 17.01.2026 under Section 420 IPC at Police Station Sarai Khawaja, District Faridabad. Further a writ of mandamus has been sought, directing the respondents to grant the benefit of 2nd ACP to the post of TGT (Social Science Master) from the date it became along with all consequential benefits including refixation of pay and pension, and arrears of pay and pension, allowances, revised retiral benefits, etc. with interest @ 12% per annum. MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-12822-2026 2 2. Learned counsel for the petitioner has, inter alia, contended that the petitioner possesses the requisite educational qualifications i.e. Matriculation, B.A., B.Ed. and M.A. in English. It is submitted that the petitioner was initially enrolled in the Indian Army on 18.11.1987 as Havaldar Clerk (GD) and was discharged on medical grounds on 01.12.1999 after rendering more than 12 years of service. During his service in the Army, the petitioner changed his name from 'Lala Ram' to 'Lalit Bhardwaj' in the year 1991 in accordance with the applicable Army Rules, which was duly notified through an Army Part-II Order, equivalent to a Gazette Notification. Thereafter, the petitioner was appointed as a Teacher and he rendered more than 20 years of service with an unblemished service record and ultimately superannuated on 31.12.2024 while serving as PGT (English). Learned counsel for the petitioner has further submitted that the petitioner submitted various representations seeking grant of 2nd ACP benefit to the post of TGT (Social Science Master) and was subsequently promoted as PGT (English) w.e.f. 13.04.2022 vide order dated 21.04.2023. It is further contended that despite the petitioner’s claim, no decision was taken, which compelled him to approach this Court by filing CWP No.24757 of 2025, which was disposed of with direction to the respondents therein to consider and decide his legal notice and pass a speaking order. In purported compliance, the impugned order dated 09.03.2026 (Annexure P-44) has been passed rejecting the claim of the petitioner solely on the ground that FIR No.0011 dated 17.01.2026 under Section 420 IPC had MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-12822-2026 3 been registered against him on the allegation that the name appearing on his B.Ed. degree was different from that mentioned in his other educational certificates. 3. Learned counsel for the petitioner further submits that the petitioner had already retired from service on 31.12.2024 and no departmental proceedings, charge-sheet or judicial proceedings were pending against him on the date of his retirement. During the course of investigation, the petitioner's B.Ed. degree was verified from the concerned University and the same was found to be genuine and thereafter, the investigating agency submitted a cancellation report before the learned Judicial Magistrate Ist Class, Faridabad on 03.07.2026. In support of the said contention, learned counsel has produced the order dated 03.07.2026 passed by the learned Judicial Magistrate Ist Class, Faridabad along with the gist of the cancellation report, which is taken on record as 'Mark X' (Registry is directed to tag the same at the appropriate place). A perusal thereof further shows that the complainant has also agreed to the cancellation report. 4. Per contra, learned State counsel is not in a position to controvert the fact that the ground on which the impugned order (Annexure P-44) was passed regarding registration of the FIR (supra) is not in existence anymore and further he could not controvert the fact that on the eve of the retirement of the petitioner, there was no pending charge-sheet or judicial proceedings. MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-12822-2026 4 5. Having heard learned counsel for the parties and after perusal of the record, it transpires that the petitioner superannuated from service on 31.12.2024. It is not disputed that till the date of his retirement, neither any departmental proceedings nor any judicial proceedings were pending against him. The impugned order dated 09.03.2026 (Annexure P-44) was passed solely on the ground of registration of FIR No.0011 dated 17.01.2026 under Section 420 IPC at Police Station Sarai Khawaja, District Faridabad. However, as noticed above, the FIR (supra) was registered after the petitioner had already retired from service. Furthermore, the documents placed on record as Mark X reveals that after conducting a detailed investigation, the jurisdictional police authorities verified the petitioner's B.Ed. degree from the concerned University and found the same to be genuine and consequently, presented a cancellation report before the learned Judicial Magistrate Ist Class, Faridabad on 03.07.2026. Even the complainant has expressed no objection to the acceptance of the cancellation report. Thus, the very basis on which the impugned order (Annexure P-44) was passed no longer survives. 6. In view of the above, the present petition is allowed and the impugned order dated 09.03.2026 (Annexure P-44) is hereby set-aside. The respondents are directed to reconsider the claim of the petitioner for grant of 2nd ACP to the post of TGT (Social Science Master) and pass a fresh speaking order in accordance with law within a period of 08 weeks from the date of receipt of a certified copy of this order. In case, the MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-12822-2026 5 petitioner is found entitled to the benefit claimed, the consequential monetary and retiral benefits shall also be released to him in accordance with law. 7. Pending miscellaneous application, if any, also stands disposed of. (HARPREET SINGH BRAR) JUDGE 23.07.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.