Harpal Singh v. State Of Punjab And Others
LPA-1557-2026 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1557-2026 (O&M) Date of Decision: 27.05.2026 Harpal Singh ....Appellant(s)
Versus
State of Punjab and others .....Respondent(s)
CORAM:
HON'BLE MR. JUSTICE JASGURPREET SINGH PURI HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:
Ms. Navreet Dhaliwal, Advocate, for the appellant.
**** JASGURPREET SINGH PURI , J.
1.
The present Letters Patent Appeal has been filed assailing the judgment passed by the learned Single Judge dated 21.04.2026 in CWP No.11943 of 2026 by which the writ petition filed by the appellant was dismissed on the ground of delay and laches. 2.
Learned counsel appearing on behalf of the appellant submitted that the appellant was denied promotion to the post of Head Warder and was entitled for being promoted as such w.e.f. 05.07.1995 and was also entitled for a further promotion to the post of Assistant Superintendent Jails. The aforesaid prayer for promotion from the aforesaid date was rejected by the respondents and therefore, the writ petition was filed, which has been dismissed by the learned Single Judge. She further submitted that the appellant, who was facing criminal trial, was acquitted on 06.07.1999 and
LPA-1557-2026 (O&M) -2the departmental proceedings were also culminated into his exoneration on 28.06.2000 and since his juniors were promoted to the post of Head Warder w.e.f 05.07.1995, the appellant should also have been promoted from the aforesaid date because he had already been acquitted and exonerated in the departmental proceedings.
3.
We have heard the learned counsel for the appellant. 4.
Some of the dates would be relevant in the present case. The appellant faced trial in a case under Sections 223 and 224 IPC, which was registered against him and one other jail staff member on the basis of allegations pertaining to a convict prisoner having absconded from the jail. The appellant was suspended from 09.07.1992 to 20.01.1993. He was convicted by the trial Court and in the meantime, some persons junior to him were promoted to the post of Head Warder on 05.07.1995. The appellant was acquitted on 06.07.1999 by Appellate Court and in the departmental proceedings also, he was exonerated on 28.06.2000. 5.
Thereafter, the appellant was promoted on 27.10.2004. The grievance of the appellant was with regard to his date of promotion from 05.07.1995. He retired on attaining the age of superannuation on 31.12.2016 and after his retirement for the first time, earlier he filed writ petition in the year 2019 i.e after 19 years of his exoneration and acquittal and also after 15 years of his actually being promoted.
6.
The respondent-department in pursuance of the directions issued in the earlier writ petition rejected the representation of the appellant on the ground that otherwise also the appellant could not have been promoted on that date i.e. 05.07.1995 because of his average grades.
LPA-1557-2026 (O&M) -37.
The learned Single Judge dismissed the writ petition on the ground of delay and laches. From the above dates, it is clear that when the appellant first approached this Court by way of a writ petition in the year 2019, the same was filed after a lapse of about 15 years from the date of his actual promotion and after about 19 years from the date of his acquittal and exoneration. In the present case, the writ petition was filed in the year 2026 i.e. again after a further period of 7 years. 8.
We are of the considered view that the judgment passed by the learned Single Judge dismissing the writ petition on the ground of delay and laches does not suffer from any illegality or perversity and because of the aforesaid ground of delay and laches. We are also of the considered view that there is no ground available with the appellant to seek intervention in the present Letters Patent Appeal.
9.
Consequently, the present Letters Patent Appeal is hereby dismissed.
(JASGURPREET SINGH PURI) JUDGE (AMARJOT BHATTI) JUDGE 27.05.2026 rakesh Whether speaking :
Yes/No Whether reportable :
Yes/No