DARSHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for issuance of writ of mandamus directing the respondents to reinstate the petitioner w.e.f. 1.3.2006 (Annexure P-2), the date on which he was acquitted of the charges by the High Court in Criminal Appeal No. 271-DB of 2004 preferred by him against the order of his conviction by the trial Court and for grant of other consequential benefits such as arrears of salary, increments and promotion.

(2.) On 23.7.2012, counsel for the petitioner had stated that the petitioner was working on the post of Deputy Superintendent of Police (ORP) when he was dismissed from service vide order dated 26.4.2004 (Annexure P-1). The sole basis for imposing the extreme penalty of dismissal was due to order of conviction dated 1.3.2004 passed by the Additional Sessions Judge, Ludhiana. He preferred an appeal before this Court i.e. Criminal Appeal No. 271-DB of 2004 Darshan Singh and others vs. State of Punjab, which was allowed by this Court vide order dated 1.3.2006 (Annexure P-2) acquitting the petitioner of all the charges framed against him. Special Leave petition preferred by the State of Punjab against the said judgment stands dismissed by the Hon'ble Supreme Court on 18.8.2008 (Annexure P-4). Petitioner thereafter submitted a representation to the respondents for reinstating him in service w.e.f. the date of his dismissal.

(3.) Counsel for the petitioner on the said date had further stated that the claim qua the petitioner be confined to pay and allowances for the period 1.3.2006 to 3.5.2007, i.e. the period, when his conviction was set aside and to his actual date of reinstatement. Counsel for the State had sought time to seek instructions in this matter, but she states that no instruction has been received by her till date. It has been further stated that the case of the petitioner is under consideration.