VIRENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THIS petition has been filed against the order dated 08.09.2010 (Annexure P -5) whereby the claim of the petitioner for seeking pensionary benefits was denied and order dated 03.04.2012 (Annexure P -8) whereby the statutory appeal of the petitioner was dismissed and against the order dated 14.08.2012 (Annexure P -9) whereby the statutory revision filed by the petitioner was dismissed. Brief facts of the case are that the petitioner was enrolled as a Constable on 05.11.1981 and he was dismissed from service on 09 04.1992 due to his absence without permission. The appeal filed by the petitioner against the dismissal order was rejected on 16.07.1992. The revision petition filed by the petitioner was also dismissed on 13.08.1993. Thereafter, the petitioner filed a writ petition bearing C.W.P. No. 11264 of 1993 and by judgment and order dated 17.05.2010 this Court set aside the three impugned orders and issued a direction to the punishing authority to pass fresh order of punishment after taking into consideration the 11 years service rendered by the petitioner and his right to pension. Thereafter, the impugned order dated 08.09.2010 (Annexure P -5) was passed. The petitioner again filed a writ petition bearing C.W.P. No. 20310 of 2010 which was decided on 05.05.2011 and it was held that: -

(2.) THE petitioner filed an appeal under Rule 16.29 of the Punjab Police Rules before the Inspector General of Police, Hisar. The said appeal was dismissed vide impugned order dated 03.04.2012 (Annexure P -8). Even the statutory revision petition before the Director General of Police, Haryana was dismissed vide impugned order dated 14.08.2012 (Annexure P -9). Hence, the present petition.

(3.) HE has further relied upon the judgment of this Court in the matter of Rajinder Kumar v. State of Haryana and others, passed in C.W.P. No. 16511 of 1997, decided on 26.05.2009, where also in a similar circumstances this Court had set aside the order whereby the employee had been dismissed without considering his case for pension.