RAMESH VERMA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) C.M. No. 7557-C-2017 Prayer in this application is for condonation of delay of 18 days in re-filing the appeal. For the reasons mentioned in the application, which is supported by an affidavit of the applicant-appellant, the same is allowed. Delay of 18 days in re-filing the appeal stands condoned. C.M. No. 7558-C-2017 Prayer in this application is for condonation of delay of 52 days in filing the appeal. For the reasons mentioned in the application, which is supported by an affidavit of the applicant-appellant, the same is allowed. Delay of 52 days in filing the appeal stands condoned. Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division) Patiala dtd. 7/7/2015, whereby the suit for declaration rejecting his representation for withdrawal of the resignation by the appellant and for grant of the retiral benefits on account of he having completed more than 10 years service stood dismissed, appeal against which preferred by the appellant-plaintiff has also been dismissed by the District Judge, Patiala vide judgment dtd. 3/11/2016.

(2.) It is the contention of the learned counsel for the appellant that the appellant was appointed as a Constable in the Punjab Police on 26/9/1990. He was promoted to the post of Head Constable on 22/2/1992 against 5% sports quota, which is reserved for the outstanding sportsman. The appellant was further promoted to the post of Assistant Sub-Inspector vide order dtd. 8/7/1992, which has been approved by the Deputy Inspector General of Police, Patiala Range, Patiala with a formal order having been issued by the Senior Superintendent of Police, Patiala on ad- hoc basis. The appellant, in pursuance to the Instructions issued by the Deputy Inspector General of Police, Punjab, was demoted to the post of Head Constable on 6/6/1993, which was communicated to him on 19/6/1993.

(3.) FIR No. 70 dtd. 24/7/1993 under Ss. 186/353/332/511 IPC was registered at Police Station City Hoshiarpur against the appellant- plaintiff. In pursuance thereto, he was placed under suspension on 26/7/1993. He remained absent from duty from 22/12/1994 and continued up to 22/5/1997 despite of the fact that he was reinstated on 29/1/1997 after the FIR was quashed by the High Court on 27/1/1995. Because of the absence from duty, a departmental enquiry was held against him, in which he was found guilty leading to his dismissal from service on 19/8/2000. His representation submitted before the Deputy Inspector General of Police, Patiala Range, Patiala was rejected on 5/7/2001 as also his revision petition before the Director General of Police, Punjab on 21/11/2002. Thereafter, the appellant filed a mercy petition to the Principal Secretary, Department of Home Affairs and Justice Board, Punjab, Chandigarh, which was accepted by the Additional Secretary, Home on 10/2/2004 and his punishment of dismissal was converted into forfeiture of five annual increments. He rejoined the post of Constable on 1/3/2004. It may be added here that during the pendency of the departmental enquiry, the appellant was reverted from the post of Head Constable to the post of Constable on 11/9/1997 by the Senior Superintendent of Police, Patiala, as he had been promoted in excess of 10% quota reserved for persons who have excelled.