Constable Roop Singh v. State Of Punjab And Other

CWP No. 22724 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 22724 of 2025 Date of Decision: 11.08.2025 Constable Roop Singh ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Rakesh Gupta, Advocate for the petitioner Mr. Aman Dhir, DAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent to reinstate him with continuity of service.

2.

The petitioner claims that he joined Punjab Home Guards as Constable in 1990. In 1995, his father, uncle, son and elder brother passed away. On account of said irreparable loss and mental stress, he did not attend his duties. He requested the respondent to permit him to join the service. The Director General of Police (Home Guards) in 2013 asked District Commandant, Patiala to permit him to join duty. The said fact did not come in his knowledge and as soon as he came to know, he approached respondent No. 3 who refused to permit him to join taking the plea that letter has been sent back. He again asked respondent to permit him to join but to no avail.

PARAMJIT KAUR SAINI 2025.08.11 05:42 I attest to the accuracy and integrity of this document

CWP No. 22724 of 2025 -23.

Mr. Rakesh Gupta, Advocate submits that in reply to RTI application, the respondent has conceded that no order/document with respect to removal of the petitioner from service is available. This shows that petitioner was discharged or removed without order. 4.

I have heard learned counsel for the parties and perused the record with their able assistance.

5.

The petitioner was discharged in 1995 and as per him, in 2013 the authorities have agreed to permit him to join. He approached authorities in 2025 seeking copy of discharge order if any passed. The petitioner was a volunteer. He was not holding a permanent post. He concededly remained absent from duty from 1995-2013. There is nothing on record except averment of the petitioner that in 2013 he was given an opportunity to rejoin. He again remained dormant from 2013-2025. The authorities can be expected to maintain record of a volunteer for an indefinite period. The petitioner by his act and conduct relinquished his position. 6.

On being asked, learned counsel for the petitioner could not advance plausible reason for inordinate delay in approaching authorities and this Court.

7.

In the backdrop, this Court is of the considered opinion that the present petition being bereft of merit deserves to be dismissed and accordingly hereby dismissed.

8.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 11.08.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2025.08.11 05:42 I attest to the accuracy and integrity of this document