Union Of India And Others v. Sukhdev Singh

(206) 2023:PHHC: 009926-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-34-2023 (O&M) Date of decision:- 24.01.2024 Union of India and others ...Appellant(s)

Versus

Sukhdev Singh

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Arihant Goyal, Senior Panel Counsel, for the appellants - Union of India.

Mr. P.S. Thiara, Advocate, Mr. A.P.S. Virk, Advocate, for the respondent.

* * * * RITU BAHRI, A.C.J. (ORAL) CM-89-LPA-2023 For the reasons mentioned therein, the delay of 168 days in filing the appeal is condoned.

The application stands disposed of.

LPA-34-2023 The appellants have come up in appeal against the judgement and order dated 17.05.2022 passed by the learned Single Judge, whereby the writ petition filed by the petitioner (respondent herein) was allowed granting him 2nd ACP on completion of 24 years service in 2004 alongwith all consequential benefits.

The only ground for not giving him this benefit from 2004 was that he had suffered a punishment of severe reprimand and on this account the benefit was denied to him.

The punishment of severe reprimand is a minor punishment and learned counsel for the appellants has not been able to show any instructions or rules where imposition of a minor punishment can be made a ground to deny the 2nd ACP. The criteria for fulfillment of normal promotion norms for grant of financial up-gradations has been given in the office memorandum dated 09.08.1999 (Annexure R1/2) at page 91 of the paper book. In the circumstances, we do not find any fault with the impugned judgement passed by the learned Single Judge. The appeal being meritless accordingly stands dismissed. Consequently, pending miscellaneous application(s), if any, stand(s) disposed of.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 24.01.2024 Amodh Sharma AMODH SHARMA 2024.01.29 23:08 I attest to the accuracy and authenticity of this order/judgement Whether speaking/reasoned Yes/No Whether reportable Yes/No