High Court of Punjab and HaryanaCWP/7598/2013disposed of

Sikander Singh v. State Of Punjab And Others

2016-12-02Mr. Justice S.P. Bangarh2 pages

CWP 7598/2013

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02/12/2016 Sikander Singh ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Harinder Sharma,Advocate for the petitioner. Mz.Sudeepti Sharma,DAG Punjab Jaswant Singh,J(Oral) Petitioner was promoted as Assistant Sub Inspector (Executive Clerical Branch) vide order dated 11.11.2010 (P-2). Subsequently an order dated 4.1.2011(P-4) was passed withdrawing his promotion order P-2 on the ground that there was a criminal trial (FIR No.159 dated 8.10.2001 under Sections 419,420,465,467,468,471,409 IPC, PS City Faridkot) pending wherein he alongwith others police officials had been named as accused, although on the date of passing of the promotion order he stood discharged of the allegations vide order dated 12.2.

2004 passed by Chief Judicial Magistrate, Faridkot, which concededly was never challenged. The petitioner after his reversion to the post of Head Constable stood retired on 30.6.2012 on attaining the age of superannuation. After the conclusion of the trial in the aforesaid FIR vide judgment dated 24.1.2013 whereby the remaining accused stood acquitted the petitioner filed present petition for directing the respondents to consider his case for notional promotion on the post of ASI with effect from 11.11.2010.

Upon notice, a written statement has been filed contesting the Rajinder Parshad Joshi 2016.12.02 16:12 I attest to the accuracy and integrity of this document

CWP 7598/2013 claim of the petitioner. However, at the time of hearing it is conceded position that vide order dated 2.2.2015(R/2) the petitioner stands promoted as ASI w.e.f. 11.11.2010 with notional benefits. The remaining grievance is only with regard to the payment of salary in the rank of ASI w.e.f., the date of joining pursuant to the promotion order dated 11.11.2010(P-2) till passing of the subsequent order dated 4.1.2011(P-4). In view of the aforesaid circumstances, present writ petition is disposed of as having become infructuous with the direction to competent authority to release the salary of the petitioner in the rank of ASI for the interim period w.e.f. after passing of the promotion order and before withdrawal of the same. The needful shall be done within two months from the receipt of certified copy of this order.

02.12.2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.12.02 16:12 I attest to the accuracy and integrity of this document