Si Krishan Kumar Retired No 751rohtak v. 1 State Of Haryana

CWP No. 37542 of 2025 -1108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 37542 of 2025 Date of Decision:23.12.2025 Krishan Kumar &.Petitioner vs.

State of Haryana and others &.Respondents

CORAM:

HON9BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Dr. S.K.Redhu, Advocate for the petitioner Mr. Ravi Partap Singh, D.A.G, Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 29.09.2025 whereby he was relieved w.e.f. 30.09.2025.

2.

The petitioner was recruited as Constable in Haryana Police on 09.11.1991. He was promoted from time to time. In July9 2025, he was holding rank of Sub Inspector. He was posted in Police Training College, Sunaria, Rohtak. He was repatriated to his parent unit i.e. District Rohtak vide order dated 29.07.2025. He joined his parent unit on 20.08.2025. He was undergoing treatment from PGIMS, Rohtak. He was advised light duty. On medical advise, he vide application dated 09.09.2025 sought five days

CWP No. 37542 of 2025 -2complete rest or casual leave. He requested to respondent to adjust him in Police Line or in the Office whereas respondent transferred him to Police Station City Rohtak. He applied 180 days earned leave because he had availed 30 leaves in his 34 years9 service career. He appeared before SP, Rohtak on 24.09.2025 and requested him to grant medical or earned leave. SP, Rohtak pressurized him to seek voluntary retirement. He under pressure wrote application dated 24.09.2025 seeking voluntary retirement w.e.f. 31.03.2026, however, respondent forced him to seek voluntary retirement from 30.09.2025. He was also directed to deposit three months9 salary. He was forced to deposit Rs.2,46,945/- vide voucher dated 26.09.2025. The respondent vide order dated 29.09.2025 relieved him w.e.f. 30.09.2025. Petitioner9s health has improved after transfer of SP, Rohtak and he wants to join duty.

3.

Learned counsel for the petitioner submits that petitioner was compelled to seek retirement. He was further compelled to deposit three months9 salary. He was not permitted to proceed on leave. Petitioner9s health has improved after transfer of SP, Rohtak and he wants to join duty. 4.

From the perusal of record, it cannot be concluded that the Superintendent of Police, Rohtak coerced retirement letter and three months9 salary from the petitioner. The petitioner at that stage could approach higher authorities or this Court. At this stage, this Court cannot act as fact finding authority to ascertain whether application seeking voluntary retirement was filed voluntarily or under pressure. Court cannot ignore the fact that petitioner had deposited three months9 salary.

CWP No. 37542 of 2025 -35.

In the wake of above discussion and findings, this Court is of the considered opinion that instant petition deserves to be dismissed and accordingly dismissed.

(JAGMOHAN BANSAL) JUDGE 23.12.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No