Harkrishan Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 17379 of 2015 Date of decision: 06.10.2015 Harkrishan Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. D.K. Raheja, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the relief of reinstatement into service as Special Police Officer (SPO).

The present case is a classic case of a delay of two decades against two years of service, which the petitioner wants to highlight that there was no inquiry when his services were dispensed with. It is not disputed that the petitioner was appointed in the year 1993 and remained on duty only for two years. At his convenience, he stopped attending to his duties and alleges that he was dismissed from service on 02.07.1995. As per his own statement dated 10.11.2011 (Annexure P-2), he has corresponded with the department that the situation in his house is all right and he wants to rejoin the department and is physically fit and he be appointed back as SPO.

Counsel for the petitioner has vehemently argued that from the year 1995 onwards, various correspondences Annexures P-7, P-8 and P-9 have been addressed. The insurmountable hurdle of delay, however, comes in his way and the basic principle that the law is for the vigilant and not for SHIVANI GUPTA 2015.10.08 15:16 I attest to the accuracy and integrity of this document Chandigarh

-2those who sleep over their rights cannot be ignored. A perusal of the letter dated 21.01.2015 (Annexure P-6) also shows that even the information which was sought by the applicant could not be supplied due to the record being old.

In such circumstances, keeping in view the observations of the Apex Court in Pundlik Jalam Patil (D) by L.Rs. vs. Executive Engineer, Jalgaon Medium Project and another, 2008 (17) SCC 448, this Court does not feel it a fit case to exercise its discretionary powers under Article 226 of the Constitution of India after two decades and accordingly, the present writ petition is dismissed.

06.10.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.10.08 15:16 I attest to the accuracy and integrity of this document Chandigarh