High Court of Punjab and HaryanaCWP/11602/2018dismissed

Dilraj Kaur v. State Of Punjab And ORS

2018-08-27Mrs. Justice Raj Rahul Garg2 pages

CWP 11602/2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP 11602/2018 Date of decision:27.08.2018 Dilraj Kaur ..............Petitioner v.

State of Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Sandeep Arora,Advocate for the petitioner Jaswant Singh,J,(Oral).

Petitioner is widow of Head Constable Sukhwinder Singh whose services were dismissed w.e.f. 10.8.2011 after the departmental enquiry on charges inter alia of waging a war against the Country as one of the charges was that they had stolen ammunition and supplied the same to the Maoist affected area of Raja (Chhattisgarh). The appeal against the dismissal order was also dismissed vide order dated 23.12.2016. Head Constable Sukhwinder Singh is stated to have died on 6.9.2017. Thereafter his widow has filed the present writ petition challenging the order. However, the appellate order has not been placed on record. After hearing the learned counsel for the petitioner this Court is not inclined to interfere in the matter.

It is conceded that on the same charges, FIR No.64 dated 15.4.2011 under Sections 420,465,467,468,471 IPC and 25/54/55/59 of the Arms Act alongwith Section 16-A of Unlawful Activities Act,2008 and Money Laundering Act,2000 read with Section 120 IPC at PS City Mansa RAJINDER PARSHAD JOSHI 2018.08.27 18:34 I attest to the accuracy and integrity of this document

CWP 11602/2018 -2was registered. To a pointed query, it is admitted that Head Constable Sukhwinder Singh was convicted in the said FIR for offence inter alia waging a war against the State. The appeal filed against the same stood abated on account of death of Head Constable Sukhwinder Singh. Keeping in view the serious nature of charges and that too against a member of disciplined force, no leniency or sympathy can be invoked which is primary thrust of the arguments raised before me. Dismissed.

27.08.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2018.08.27 18:34 I attest to the accuracy and integrity of this document