SATNAM 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 order dtd. 20/5/2015 passed by Deputy Inspector General of Police, Border Range, Amritsar to the extent his dismissal period has been treated as non-duty period.

(2.) The petitioner was recruited as Constable in Punjab Police in 1989. He joined service on 12/6/1989. He came to be implicated in FIR No.53 dtd. 6/3/2006 under Sec. 13(2) read with Sec. 7 of Prevention of Corruption Act, 1988 registered at Police Station City Batala. He was placed under suspension on 8/3/2006 and a departmental inquiry was initiated. He was found innocent by Inquiry Officer. The Disciplinary Authority did not agree with inquiry report and issued disagreement note. The Disciplinary Authority further issued show cause notice calling upon him to show cause as to why punishment of reduction in rank should not be 5/5/2008. He was sentenced to imprisonment of one year with fine of Rs.5,000.00. In view of judgment of conviction, the respondent issued him show cause notice dtd. 16/6/2009 proposing dismissal from service. The respondent vide order dtd. 7/7/2009 dismissed him from service. He filed Criminal Appeal No.978-SB of 2008 before this Court assailing judgment of conviction dtd. 5/5/2008. This Court vide judgment dtd. 3/9/2014 acquitted him from all the charges and set aside judgment of conviction. He preferred representation before Deputy Inspector General of Police, Border Range, Amritsar requesting his reinstatement on the ground of acquittal. The respondent vide order dtd. 20/5/2015 reinstated him, however, ordered to treat dismissal period as non-duty period. He filed revision petition before Inspector General of Police, Amritsar who rejected his petition on the ground of limitation.

(3.) Learned counsel for the petitioner submits that petitioner was reverted from the rank of Head Constable to Constable on account of alleged offence. He was reinstated in view of judgment of acquittal on the rank of Constable. He has been denied back wages and counting of service which amounts to double jeopardy. He was entitled to back wages in view of punishment of reversion in rank.