Bhupinder Singh v. State Of Punjab And Others

CWP-14949-2023 2024:PHHC:017825

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-14949-2023 Date of Decision: 08.02.2024 Bhupinder Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Nitesh Singla, Advocate for the petitioner.

Mr. Inderpreet Singh Kang, AAG, Punjab.

*** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of : (i) order dated 10.09.2020 (Annexure P-3) whereby respondent has awarded punishment of forfeiture of one year service; (ii) order dated 17.06.2022 (Annexure P-4) whereby Appellate Authority has dismissed the appeal; and (iii) order dated 19.10.2022 (Annexure P-5) whereby revisionary authority has dismissed the revision.

2.

Reply dated 07.02.2024 by way of affidavit of Kulvir Singh, PPS, Deputy Superintendent of Police, 5th Commando Battalion, Bathinda, is taken on record. Registry is directed to tag the same at appropriate place. 3.

The petitioner vide order dated 10.09.2020 (Annexure P-3) was subjected to punishment of forfeiture of one year regular service for annual increments with temporary effect. The petitioner preferred an appeal before Anju Goel 2024.02.08 18:18 I attest to the accuracy and integrity of this document Chandigarh

CWP-14949-2023 2024:PHHC:017825 the appellate authority which came to be dismissed by DIG on account of delay. The petitioner further preferred a revision before DGP which also came to be dismissed vide order dated 19.10.2022 passed by ADGP. 4.

Learned counsel for the petitioner submits that he does not press his petition qua setting aside of impugned orders, however, prays that respondent despite expiry of one year period has not extended benefit of ACP though annual increment of the petitioner has been restored vide order dated 10.09.2021.

5.

Faced with this, learned State counsel submits that annual increment of the petitioner has been restored on completion of period of punishment and as per his instructions, question of grant of ACP is under consideration.

6.

In the wake of statement of learned State counsel, the present petition stands disposed of with a direction to respondent to decide claim of the petitioner qua ACP within three months from today in accordance with law.

(JAGMOHAN BANSAL) JUDGE 08.02.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No Anju Goel 2024.02.08 18:18 I attest to the accuracy and integrity of this document Chandigarh