State Of Haryana And Others v. Rajbir Singh And Another

1 LPA No. 583-2022 2024:PHHC:011737-DB

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Letters Patent Appeal No. 583 of 2022 (O&M) Date of Decision: 29.01.2024 State of Haryana and others .....Appellants versus Rajbir Singh and another .....Respondents

CORAM:

HON'BLE MS.JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY, JUDGE Present :

Mr. Deepak Balyan, Addl. Advocate General, Haryana, for the appellants.

Mr. G.S.Gopera, Advocate, for respondent No.1. ****

  

  

 CM No. 1328-LPA-2022 For the reasons mentioned in the application, delay of 29 days in filing the appeal is condoned.

Main appeal The appellant-State of Haryana has filed this appeal against the impugned judgment dated 06.04.2022 passed by the learned Single Judge whereby the writ petition filed by the petitioners-respondents was allowed.

2.

Pursuant to the order dated 22.11.2023 passed by this Court, an affidavit of Mr. Narendra Bijarniya, IPS, Commandant, 2nd IRB, District Gurugram, has been filed in Court and the same is taken on record.

3.

In paragraph-4 of the affidavit, it has been stated that no official had participated in the Pad Yatra except one police official posted in the office of Superintendent of Police, Jind, whose photograph was printed on the banner when Pad Yatra was going on. Further it has been stated that ASI Karan Singh has been awarded punishment of censure RAVINDER KUMAR 2024.01.31 11:45 I attest to the accuracy and integrity of this document

2 LPA No. 583-2022 2024:PHHC:011737-DB vide order dated 29.03.2016 (Annexure R-2) for having his photograph on the banner as active member which went viral on whatsapp. The above stated facts make it abundantly clear that punishment of censure was given to an official whose picture was on the banner and picture on the banner was sufficient evidence to provoke other persons to take part in the Padyatra.

4.

Keeping in view the affidavit filed by the appellant-State of Haryana, the appeal is dismissed and the writ petition filed by the petitioners-respondents is allowed. The impugned order dated 04.10.2016 passed by the appellant-authorities imposing punishment of stoppage of five annual increments with permanent effect upon the respondentspetitioners is set aside and punishment is being reduced to 'censure at par with ASI Karan Singh'.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 29.01.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2024.01.31 11:45 I attest to the accuracy and integrity of this document