← Library
High Court of Punjab and HaryanaCWP/13266/2019disposed of

Pargat Singh v. State Of Punjab And Others

2026-04-27Mr. Justice Deepinder Singh Nalwa3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 27.04.2026 Pargat Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

*****

CORAM:

HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA

Present:

Mr. Prabhdeep Singh Bindra, Advocate for Mr. Paras Talwar, Advocate for the petitioner. Mr. Amarpreet Singh Bains, AAG, Punjab.

***** DEEPINDER SINGH NALWA, J. (Oral) In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing the order dated 27.02.2019 (Annexure P-3) passed by the office of DGP, Punjab/respondent No.2, whereby the application filed by the petitioner for his reinstatement in service was rejected. 2.

The brief facts of the case are that the petitioner was appointed as a Constable in the Punjab Police Department on 08.04.1985. FIR No.382 dated 08.12.2013 was registered against the petitioner under Sections 376, 363, 366-A and 120-B of the Indian Penal Code, 1860 (for short, 'IPC') at Police Station City, District Sangrur. The petitioner was convicted in the said FIR under Section -1-

366-A read with Section 120-B IPC and was sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs. 25,000/- vide judgment dated 28.10.2014 passed by the Special Judge, Sangrur. Aggrieved by the said judgment, the petitioner preferred an appeal, i.e. CRA-S-4583-SB of 2014, before this Court. Consequent to his conviction, the petitioner was dismissed from service on 17.12.2014.

3.

A perusal of the facts of the case would show that the petitioner filed an application, bearing CRM-18450 of 2018, in the aforesaid appeal seeking stay of conviction to enable him to seek reinstatement in service. The said application was allowed by this Court, and the conviction of the petitioner was stayed vide order dated 26.10.2018 (Annexure P-1). Pursuant thereto, the petitioner submitted an application/appeal dated 01.11.2018 (Annexure P-2) before the Department seeking reinstatement in service on the ground that his conviction had been stayed. The said application was duly considered, however, the same was rejected by the competent authority vide order dated 27.02.2019 (Annexure P-3). Aggrieved against the said order, the petitioner has approached this Court by way of the present writ petition. 4.

It transpires that during the pendency of the present writ petition, the petitioner has attained the age of 58 years and, had he continued in service, he would have superannuated on 30.04.2021. 5.

Learned counsel appearing for the petitioner submits that, in view of the fact that the petitioner has already attained the age of superannuation, the present writ petition may be disposed of with -2-

liberty to the petitioner to approach the Competent Authority for redressal of his grievance after the final decision of the criminal appeal pending before this Court.

6.

In view of the above, the present writ petition stands disposed of with liberty aforesaid.

7.

Pending application(s), if any, shall also stand(s) disposed of.

27.04.2026 (DEEPINDER SINGH NALWA) d.gulati JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-