Om Parkash v. State Of Haryana & ORS.

CWP-6054-2002 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-6054-2002 (O&M) Date of Decision: 03.09.2025 OM PARKASH

...Petitioner

Vs.

STATE OF HARYANA AND ORS

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Jaspal Singh Maanipur, Advocate for the petitioner Mr. Suneel Ranga, DAG Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of order dated 06.03.2002 whereby he was compulsorily retired. 2.

The petitioner joined Haryana Police Force in 1974 and he was compulsorily retired in 1999. He had completed service of 25 years on the date of premature retirement.

3.

Learned counsel for the petitioner submits that impugned order is bad in the eye of law. The petitioner was compulsorily retired on the ground that there is adverse entry in his ACR and has been awarded punishment of stoppage of two increments besides punishment of censure in 1995. All the punishments were later on set aside, thus, respondent was bound to reconsider case of the petitioner. DEEPAK BISSYAN 2025.09.04 10:46 I attest to the accuracy and integrity of this document

CWP-6054-2002 (O&M) -24.

The respondent by impugned notice/order retired the petitioner on attaining the age of 55 years. The said order was passed in exercise of power conferred by Rule 9.18(2) of Punjab Police Rules, 1934 (as applicable to State of Haryana). The impugned order was passed in 1999. Had the impugned order not been passed, the petitioner would have worked for three more years. He was part of Haryana Police Force and his service was pensionable, thus, he must have received pension which is 50% of last drawn salary. He had not worked during said period. 5.

At this stage, this Court does not find it appropriate to set aside orders whereby petitioner was made to retire. 6.

Accordingly, the instant petition is hereby dismissed. 7.

Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE 03.09.2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.09.04 10:46 I attest to the accuracy and integrity of this document