RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present writ petition is for issuance of a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service and to fix his pay of the period during which, he remained out of service and also to treat the period under suspension to be on duty and to pay all consequential benefits by modifying order dated 10.05.2013 (Annexure P-1) and setting aside order dated 13.03.2014 (Annexure P-2).

(2.) Briefly, the facts of the case as made out in the present writ petition are that, the petitioner was appointed as Constable in the Punjab Police on 22.07.1975. He was confirmed after three years of service. On 02.11.1988, FIR No.123 was registered under Sections 336, 506 read with Sec. 34 of the Indian Penal Code against him and one Nirmal Singh Constable. Both of them were convicted by the Chief Judicial Magistrate, Ropar under Sections 336, 448 and 506 Penal Code vide judgment dated 12.06.1991 and were sentenced to undergo RI for a maximum period of six months. As a result thereof, the services of the petitioner as well as said Nirmal Singh were terminated by a composite order dated 19.06.1991 (Annexure P-3).

(3.) Aggrieved by the judgment of conviction and order of sentence passed by the trial Court, the petitioner as well as said Nirmal Singh filed separate appeals before Additional Sessions Judge, Rupnagar. The appeal filed by Nirmal Singh was allowed and he was acquitted of the charge. However, the appeal filed by the petitioner was dismissed. Said Nirmal Singh was reinstated in service from the date of dismissal i.e., 12.06.1991 and was given all consequential benefits including the period he remained out of service.