RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The grievance of the petitioner in the present writ petition is that though he has been reinstated in service by the respondents, no benefit for the period when he remained out of service has been paid to him and his request for the refixation of his salary by granting him increments for the period he remained out of service along with arrears by treating the said period as duty period has been wrongly rejected by the respondents vide impugned order dated 19.11.2019 (Annexure P-9).

(2.) The factual matrix, which has led to the filing of the present writ petition, is as under: -

(3.) Immediately upon being exonerated from the allegations as alleged in the FIR No.115 dated 17.12.2012, which were the basis of his dismissal from service, the petitioner filed an appeal before the Director General of Police, Punjab, for setting aside the order dated 17.12.2012, dismissing him from service and for his reinstatement in service with consequential benefits. Said request remained pending for a long period, ultimately the appeal/representation filed by the petitioner was accepted by the Director General of Police and an order was issued on 12.10.2018 (Annexure P-4) reinstating the petitioner in service. The order of reinstatement carried a condition that a departmental enquiry into the allegations which were part of the FIR No.115 dated 17.12.2012 will be conducted. Keeping in view the order passed by the Director General of Police dated 12.10.2018 (P-4), the competent authority i.e. SSP, SAS Nagar, Mohali issued an order reinstating the petitioner on 15.10.2018 (Annexure P-5) and also ordered initiation of the departmental proceedings against the petitioner. Keeping in view the orders passed by the authorities concerned, petitioner was reinstated in service and started discharging his duties. It will be relevant to note here that at the time when the petitioner was dismissed from service in the year 2012, his basic pay was Rs.12,050/- with grade pay of Rs.3200/- and the same pay was given to him upon his reinstatement in October, 2018.