AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Amandeep Singh had filed the present writ petition with a prayer to quash the show cause notice dated 13.12.2019 (Annexure P-5), wherein, decision has been taken to compulsorily retire the petitioner from service under Premature Retirement Rules 1975.

(2.) Learned counsel for the petitioner submits that at present the petitioner is approximately 47 years of age. He submits that a perusal of the notice dated 13.12.2019, would show that what has primarily weighed with the Committee is eight years service, which has been mentioned against the Column 'total seized service'.

(3.) Learned counsel firstly submits that out of these eight years' service, five years' service was ordered to be declared non-duty period in pursuance to the order dated 16.07.2018 (Annexure P-1). Vide order dated 16.07.2018, the Director General of Police has noticed that a case was registered on 16.04.2012 against the petitioner. In the said criminal case, he has been acquitted by the Court. In view of the acquittal, the DGP had accepted the appeal and had reinstated the petitioner in service. The order dated 28.06.2013 dismissing the services of the petitioner, was set aside and the period from the date of dismissal i.e. 28.06.2013 to the date of reinstatement i.e. 16.07.2018, was ordered to be treated as non-duty period. The first submission of learned counsel for the petitioner is against this five years' service, which has been treated as non-duty period, learned counsel further submits that appeal against the said order is still pending.