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HARBANS SINGH versus STATE OF PUNJAB & ORS.

High Court of Punjab and Haryana, Chandigarh

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Harbans Singh v. State of Punjab & Ors. - CWP-19495-2003 [2006] RD-P&H 2614 (25 April 2006)

CWP No. 19495 of 2003 Page numbers

In the High Court of Punjab and Haryana, Chandigarh.

CWP No. 19495 of 2003

Date of Decision: 01.05.2006

Harbans Singh

....Petitioner

Versus

State of Punjab and others.

....Respondents.

Coram:- Hon'ble Mr.Justice J.S. Khehar.

Hon'ble Mr. Justice P.S. Patwalia

Present: Mr. G.S. Sandhu, Advocate for

Mr. S.K. Chawla, Advocate

for the petitioner.

Mr. Ashok Aggarwal, Addl. A.G., Punjab

for the respondents.

...

J.S. Khehar, J. (Oral).

The petitioner was inducted into the service of the Police Department as a Constable on 18.11.1989. The Director General of Police, Punjab, by an order dated 17.9.1992 placed the petitioner in List C-II. In the aforesaid view of the matter, the petitioner came to be promoted as Head Constable.

Consequent upon certain allegations having been levelled against the petitioner, he was inflicted with the punishment of forfeiture of five years' approved service, with permanent effect, by an order dated 16.3.1995, and another punishment of forfeiture of two years' approved service, with permanent effect, by an order dated 16.1.1996.

CWP No. 19495 of 2003 Page numbers

The respondents have, inter-alia, conducted a review of Promotion List C-II. On the basis of the punishments inflicted on the petitioner, as have been noticed above, it was decided, in compliance with the directions of the Director General of Police, to remove the petitioner's name from Promotion List C-II, under Punjab Police Rule 16.38 (A). It is therefore, that the impugned order dated 25.9.2003 was passed.

Learned counsel for the petitioner vehemently contends, on the basis of the factual position notice above, that the petitioner has been punished twice over for the same allegations, firstly, the petitioner was inflicted with the punishment of forfeiture of seven years' approved service, and thereafter, for the same reason, the name of the petitioner has been removed from Promotion List C-II. This has obviously resulted in reversion of the petitioner from the post of Head Constable to that of Constable.

Having examined the matter in the totality of the facts and circumstances noticed above, we are of the view, that an employee cannot be punished twice over for the same allegations. In case, the allegations levelled against the petitioner were sufficient to revert him, such an order should have been passed in the years 1995/1996, when the orders of forfeiture of his seven years' approved service, with permanent effect, were passed. Withdrawal of the name of the petitioner from Promotion List C-II entails his reversion from the post of Head Constable to Constable, which is a punishment envisaged under the punishment and appeal rules applicable to the petitioner. Since it is impermissible to punish an individual twice over for the same allegations, we are of the view, that the impugned orders dated 23.9.2003 and 25.9.2003 are not sustainable in law.

In view of the above, the instant writ petition is allowed and the CWP No. 19495 of 2003 Page numbers

impugned orders dated 23.9.2003 and 25.9.2003 are set aside, qua the petitioner.

( J.S. Khehar )

Judge.

( P.S. Patwalia )

Judge.

01.05.2006

sk.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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