RANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has retired from the post of Assistant Sub Inspector, Punjab Police. While serving as a Head Constable, a private complaint under Sections 307/452 IPC was filed against the petitioner and co-accused, namely, Sukhdev Singh. In the trial that ensued petitioner was convicted for offence under Sections 307/452 IPC vide judgment dated 17.07.1998 rendered by the learned Additional Sessions Judge, Kapurthala and was sentenced RI for a period of 8 years and to pay a fine of Rs. 2000/-. In default of payment of fine, to further undergo RI for a period of 6 months. Based upon conviction, petitioner was dismissed from service vide order dated 07.11.1998 (Annexure P-1) passed by Senior Superintendent of Police, Kapurthala. Petitioner challenged the judgment of conviction by filing an appeal before this Court i.e. CRA-S-566-SB-1998. Appeal was accepted by this Court vide judgment dated 10.08.2011 (Annexure P-2) and conviction of the petitioner was set aside. Petitioner submitted representation to Senior Superintendent of Police, Kapurthala seeking reinstatement in service w.e.f. 17.07.1998 with all consequential benefits including seniority, promotion, arrears of salary etc. Petitioner vide order dated 21.04.2012 (Annexure P-4) was reinstated back in service.

(2.) Challenge in the instant petition is to the order dated 21.04.2012 (Annexure P-4) to the extent whereby petitioner has been denied salary for the period that he remained under suspension as also out of service.

(3.) Learned counsel appearing for the petitioner would submit that the petitioner was implicated in a false case and it was only on account of his conviction that he had been dismissed from service. It is contended that the order of conviction having been set aside by this Court and the petitioner having been reinstated, there would be no justifiable basis to deny to him full pay and allowances for the period in question. Reliance has been placed upon Rules 7.3 and 7.5 of the Punjab Civil Services Rules, Volume I, Part I.