BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition is seeking setting aside of order dtd. 17/7/2010 (Annexure P-6) whereby he was dismissed from service on the ground of conviction.

(2.) The petitioner (deceased) was working with respondent as Assistant Sub-Inspector. He came to be implicated in a criminal case under Sec. 7 read with Sec. 13 (2) of Prevention of Corruption Act, 1988. He faced trial and ultimately came to be convicted vide judgment dtd. 17/1/2004. He preferred an appeal before this Court which vide order dtd. 5/2/2004 (Annexure P-1) suspended the sentence. He further filed an application before this Court seeking stay of judgment of conviction. This Court vide order dtd. 3/2/2005 passed in Criminal Appeal No.285-SB of 2004 stayed the judgment of conviction. The respondent reinstated him, however, vide order dtd. 16/7/2010 (Annexure P-6) despite stay of judgment of conviction dismissed him from service. He was reinstated despite his conviction because his appeal was pending before this Court and his sentence as well as conviction was stayed by two different orders of this Court. The aforesaid appeal of the petitioner came to be dismissed vide order dtd. 8/4/2015 passed by this Court. He was receiving salary prior to his dismissal i.e. 16/7/2010, however, he was not paid salary post his dismissal.

(3.) Mr. M.S. Dhammi, Advocate submits that petitioner was entitled to pay and allowances during 16/7/2010 to 8/4/2015 because he was wrongly dismissed from service.