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ASI MEGH PAL & ORS. versus KANWAR KARNAIL SINGH & ORS.

High Court of Punjab and Haryana, Chandigarh

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ASI Megh Pal & Ors. v. Kanwar Karnail Singh & Ors. - COCP-330-2006 [2006] RD-P&H 6246 (31 August 2006)

COCP No.330 of 2006 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

COCP No.330 of 2006

Date of decision: August 31, 2006.

ASI Megh Pal & Ors.

...Petitioner(s)

v.

Kanwar Karnail Singh & Ors.

...Respondent(s)

Present: Shri N.D. Achint, Advocate for the petitioner.

Shri Narender Sura, Assistant Advocate General, Haryana for the respondents.

Surya Kant, J. (Oral)

The petitioners filed CWP No.18904 of 2005 which was disposed of by a Division Bench of this Court on 7th February, 2006 with the

following directions:-

"The necessary consequences of the aforesaid direction is, that all the petitioners shall remain (unless they consent otherwise) in their own cadre. In the aforesaid eventuality, it may well be, that the total sanctioned cadre posts of the rank/ranks held by the petitioners are over subscribed. In the aforesaid eventuality, while the petitioners will have the right to continue in their own cadre, they will be accommodated only against the sanctioned posts in their individual ranks, and in case, they exceed the sanctioned cadre strength, their revision COCP No.330 of 2006 -: 2 :-

will be based on their seniority in the said rank. In view of the above, status quo shall be maintained till the final decision is taken by the police administration. The respondents directed to take a final decision on the issue within three weeks from today."

Alleging non-compliance of the aforesaid order, this contempt petition has been filed.

In response to the show cause, Shri Narender Sura, learned Assistant A.G., Haryana has filed separate affidavits dated 30th August,

2006 of all the three respondents, which are taken on record.

Along with his affidavit, the first respondent has appended a copy of the letter dated 3rd

April, 2006 (Annexure R-1), which has since been modified/superseded by a subsequent communication dated 28th August, 2006 (Annexure R-2). The resultant effect of the aforesaid communication would be that the petitioners, as directed by this Court, shall continue to work in their parental cadre till a final decision in terms of the directions issued by this Court is taken by the police administration.

In this view of the matter, no further action is required to be taken in these proceedings, which are accordingly dropped.

Rule discharged.

August 31, 2006. [ Surya Kant ]

kadyan Judge


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