HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:-

(2.) The petitioner on 18/11/1974 joined Punjab Police as Constable. From time to time, he was promoted and in 2004, he became Sub-Inspector. His date of retirement was 31/5/2013. The petitioner came to be implicated in Complaint No.31 dtd. 1/10/2001 under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (for short IPC ). The petitioner faced criminal trial and he was convicted vide judgment dtd. 10/9/2009 passed by Sessions Judge, Faridkot. He was awarded sentence of life imprisonment. The petitioner preferred an appeal before this Court which vide judgment dtd. 5/5/2010 (Annexure P-1) converted sentence of life imprisonment into five years imprisonment under Sec. 306 of IPC.

(3.) The Senior Superintendent of Police, Faridkot vide order dtd. 29/10/2009 (Annexure P-2) dismissed the petitioner from service. He was dismissed on the basis of judgment of conviction. He, at that point of time, was confined in Central Jail, Faridkot. The petitioner preferred an appeal against order of dismissal before the Appellate Authority which came up for consideration before Inspector General of Police, Ferozepur Cantt., who vide order dtd. 23/7/2018 (Annexure P-10) dismissed appeal of the petitioner. The petitioner unsuccessfully made representations before authorities seeking reinstatement on the ground that High Court has modified his sentence and similarly situated persons have been visited with lesser punishment