SH. ASHOK PURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the parties have been heard. Brief facts of the case that would require notice are that the petitioner joined Punjab Police as Probationer A.S.I. on 25.3.1980. He, thereafter, earned promotions to the rank of Sub Inspector in the year 1984, Inspector in the year 1989 and D.S.P. in the year 1993. F.I.R. No. 34 dated 19.2.2000 under sections 376A, 343, 120B, 506 I.P.C. and Arms Act was registered against the petitioner at Police Station Jagraon. Based upon the registration of the aforenoticed F.I.R, the respondent-authorities invoked the provisions of Article 311(2)(b) of the Constitution of India holding an inquiry to be not reasonably practicable and vide order dated 7.3.2000 (Annexure P-1), dismissed the petitioner from service. Even the Appellate Authority affirmed the order of dismissal vide order dated 6.6.2003 at Annexure P-4.

(2.) The petitioner, at that stage, approached this Court in terms of filing C.W.P. No. 13410 of 2006. The same was disposed of by a Division Bench of this Court on 25.8.2006 at Annexure P-6 taking notice of a statement made by the counsel for the petitioner to the effect that the trial initiated against the petitioner in pursuance to F.I.R. No. 34 dated 19.2.2000 was in the final stages. Accordingly, liberty was sought from the court for the petitioner to seek reinstatement in service in the eventuality of his earning acquittal. The petition was disposed of in terms of such liberty having been granted.'

(3.) Vide order dated 29.2.2012 passed by the Additional Sessions Judge, Ludhiana, a copy of which stands appended at Annexure P-7 the petitioner stands acquitted. The petitioner immediately submitted a representation before the respondent-authorities seeking reinstatement in service. Such request stands declined in the light of a cryptic, non-speaking memo dated 2.5.2013 at Annexure P-9.