Punjab-Haryana High Court
Hc Kuldip Singh vs State Of Punjab And Others on 14 July, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No. 12107 of 2011 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 12107 of 2011
Date of decision : 14.07.2011
HC Kuldip Singh ......Petitioner
versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Sandeep Arora, Advocate
for the petitioner.
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RITU BAHRI, J.
Challenge is to the order dated 20.09.1990 (Annexure P-1) whereby two years of service of the petitioner was ordered to be forfeited. The allegation in the enquiry was that the delinquent official after the preparing the official receipts, prepared duplicate receipts of lesser amount allegedly pocketed and misappropriated the official money. He had prepared receipt No. 92 on 31.12.1989 in the sum of Rs. 98.60 whereas the duplicate receipt was prepared in the sum of Rs. 34/-. Receipt No. 67 dated 30.12.1989 was prepared for a sum of Rs. 139.40 whereas the duplicate receipt was prepared in the sum of Rs. 76.50/- and allegedly pocketed a sum of Rs. 62.50. Receipt No. 374 dated 11.01.1990 was prepared for a sum of Rs. 107.60 whereas the duplicate receipt was prepared in the sum of Rs. 34/- and allegedly pocketed a sum of Rs. 30.60. Receipt No. 118 dated 31.12.1989 was prepared for a sum of Rs. 64.60 whereas the duplicate receipt was prepared in the sum of Rs. 34/- and allegedly pocketed a sum of Rs. 30.60.
All the allegations were proved and the aforesaid punishment of forfeiture of 2 years of service was passed by taking a lenient view. CWP No. 12107 of 2011 -2-
Aggrieved against this order, he filed an appeal before the Director General of Police, PAP, Punjab Chandigarh, which was dismissed as conveyed by the Commandant 7th Battalio, PAP, Jalandhar Cantt to the Commandant 80th Bn vide letter dated 21.06.2010. The petitioner has chosen not to give the date of the appeal. The petitioner passed his lower school in August, 1994 and he was promoted as Head Constable on 05.04.2000. He made representation in October, 1999 that persons junior to him have been promoted. He has prayed that he may be brought on promotion list of C Constables w.e.f 01.10.1994 (P-5). This representation was dismissed by the Additional Director General of Police, PAP, Jalandhar Cantt, vide order dated 27.03.2000 (P-6) The precise case of the petitioner is that vide punishment order dated 20.09.1990 of forfeiture of 2 years came to an end in the year 1992 and the entire benefits were restored to him. Thereafter, petitioner was sent for lower school course in 1994 which he had completed successfully. He was promoted as Head Constable on 05.04.2000 whereas persons junior to him have been promoted by ignoring the rightful claim of the petitioner.
The petitioner was promoted as Head Constable and his representation for granting him promotion with retrospective effect, was dismissed on 27.03.2000 (P-6). He challenged this order by filing the present writ petition on 13.07.2011 i.e after a gap of 11 years.
It seems that petitioner has slept over his right for a period of 11 years. Accordingly, the present writ petition is dismissed July 14, 2011 (RITU BAHRI) G.Arora JUDGE