Constable Devinder Singh And ANR v. State Of Punjab And ORS

CWP No.12167 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12167 of 2019 (O&M) Date of Decision.28.07.2022 Devinder Singh and another

...Petitioners

Vs State of Punjab and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Samrat Malik, Advocate for the petitioner.

Mr. Jasleen Kaur, AAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) The instant writ petition has been filed under Article 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing order dated 26.04.2019 (P-6) by which the DGP had issued direction to the Commandants to terminate the services of the petitioners by issuing show cause notices (Annexures P-7 & P-8). Learned counsel appearing on behalf of the petitioners would contend that the petitioners were appointed on probation for three years, which was reduced from three years to two years vide order dated 09.11.2018. Petitioners have passed their basic training course, however, DGP, Punjab vide order dated 26.04.2019 issued directions to the respective Commandants to terminate services of the petitioners by following due procedure.

The aforesaid order was based on the fact that the merit list was revised and the petitioners were not within the revised merit list. Notice of motion was issued as far back as 10.05.2019 and the proceedings under the show cause notice were permitted to continue with a further rider that final order be not passed. PANKAJ KUMAR 2022.07.

CWP No.12167 of 2019 (O&M) -2Today the matter is taken up for hearing and Ms. Jasleen Kaur, AAG, Punjab on instructions from Sr. Constable Gurharpreet Singh would submit that merit list has now attained finality and by virtue of the merit list, petitioners are in service and posted in the Armed Cadre at Jalandhar. In view of the statement that has been made at bar by the counsel appearing on behalf of the respondent-State that petitioners are in service on the basis of the merit list, the writ petition stands disposed of and the order dated 26.04.2019 (P-6) issued by DGP, Punjab as well as the show cause notices (P-7 & P-8) are set aside. In case, grouse of petitioners still survives, they will be at liberty to revive the instant petition. (JAISHREE THAKUR) JUDGE July 28, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.07.29 17:05 I attest to the accuracy and authenticity of this document