CONSTABLE RAJINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-7-557
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 22,2014

Constable Rajinder Singh Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Rameshwar Singh Malik, J. - (1.) PETITIONER impugns the order dated 19.6.2014 (Annexure P -3), whereby the petitioner was not deputed for undergoing the Lower School Course on the ground that he was awarded major punishment, vide order dated 16.3.2012 (Annexure P -4).
(2.) NOTICE of motion was issued and pursuant thereto, written statement on behalf of the respondents has been filed. Petitioner has filed his replication. Learned counsel for the petitioner places reliance on the order dated 16.3.2012 (Annexure P -4), to contend that appeal of the petitioner was allowed and his punishment was reduced to stoppage of one annual increment without cumulative effect. It was also specifically observed in the order that there will be no effect of punishment on the future career of the petitioner. He further submits that once duration of punishment has already stood expired, the respondent authorities acted in most arbitrary and discriminatory manner, while going against their own official record, including the order dated 16.3.2012 (Annexure P -4), while denying the service benefit to the petitioner for which he was entitled in law. He prays for setting aside the impugned order, by allowing the present writ petition.
(3.) PER contra, learned counsel for the State, while relying on the averments taken in para 3 of the preliminary submissions of the written statement, submits that since Rule 16.1. (3) of the Punjab Police Rules ('PPR' for short) includes withholding of increments in the major punishments, claim of the petitioner was considered, but was not found acceptable. He prays for dismissal of the writ petition.;


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