PIARA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Challenge in this petition is to the part of the order dated 5.7.2012 (Annexure P-9) vide which the petitioner has been held not entitled to any monetary benefit of the arrears for the period he remained out of service. It is the contention of the counsel for the petitioner that initially on registration of a false FIR No. 196 under Sections 364-A /365 /323 /120-B /148 /149 IPC, Police Station, Tanda, District Hoshiarpur dated 8.9.2006, petitioner was dismissed from service vide order dated 1.10.2006 by invoking the provisions as contained in Article 311(2)(b) of the Constitution of India. The petitioner challenged this order by filing CWP No. 112 of 2011 titled as "Piara Singh v. State of Punjab & others" which was decided by this Court vide order dated 20.1.2011 (Annexure P-4) directing the respondents to take a decision on the representation of the petitioner which he had preferred after his acquittal by the Additional Sessions Judge, Hoshiarpur vide order dated 22.1.2010 in the criminal case which was registered against him. The said representation of the petitioner was duly considered by the Senior Superintendent of Police, Ferozepur and vide order dated 24.5.2011, petitioner was reinstated in service and was held not entitled to any arrears of pay etc. and a regular departmental inquiry was also initiated against him.

(2.) In the departmental inquiry, petitioner was exonerated vide order dated 18.12.2011 (Annexure P-6). After his exoneration, petitioner submitted a representation to the Senior Superintendent of Police, Ferozepur for granting him the consequential benefits including pay and allowances. The said claim of the petitioner when was not decided, he approached this Court by filing CWP No. 4566 of 2012 titled as "Piara Singh v. State of Punjab and others" which was disposed of by this Court vide order dated 13.3.2012 directing the Senior Superintendent of Police, Ferozepur to pass a fresh speaking order after considering the order dated 18.12.2011 (Annexure P-6) vide which he was exonerated in the departmental proceedings initiated against him. In compliance with this order, the Senior Superintendent of Police, Ferozepur has proceeded to pass an order dated 5.7.2012 (Annexure P-9) denying the petitioner the pay and allowances for the period he had been out of service, however, notional benefit of pay fixation has been granted to him.

(3.) This, the counsel for the petitioner contends, is not sustainable in the light of the fact that nothing has been found against the petitioner in the departmental inquiry which was initiated against him. The principle of 'No work, No Pay' as has been invoked by the respondents, will not be applicable to the case of the petitioner as petitioner was always ready and willing to perform his duties but was forced to stay out of work because of the orders passed by the respondents. Reliance has also been placed by the counsel for the petitioner on Rule 7.3(2) of the Punjab Civil Services Rules Volume-I, Part-I to contend that he is entitled to grant of all consequential benefits.