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2021 Supreme(P&H) 634

HARSIMRAN SINGH SETHI
Raghbir Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Ranjivan Singh, Advocat, Ms. Kanika Toor, Advocate, Ms. Ritu Raag, Advocate, for the Appellant; Mr. Pankaj Gupta, Additional Advocate, for the Respondent

JUDGMENT

Harsimran Singh Sethi, J. (Oral) - The grievance of the petitioner in the present writ petition is that though he has been reinstated in service by the respondents, no benefit for the period when he remained out of service has been paid to him and his request for the refixation of his salary by granting him increments for the period he remained out of service along with arrears by treating the said period as duty period has been wrongly rejected by the respondents vide impugned order dated 19.11.2019 (Annexure P-9).

2. The factual matrix, which has led to the filing of the present writ petition, is as under: -

"Petitioner was initially appointed as a Constable in the Punjab Police on 22.04.1994 and was allocated District SAS Nagar, Mohali. In the year 2011, the petitioner was promoted as a Head Constable (PR). On 17.12.2012, the petitioner was on duty in a PCR along with one Punjab Home Guard official when an FIR was registered against him at Police Station Phase-11 being FIR No. 115 dated 17.12.2012 under Section 384 of the IPC and Section 7 & 13(1) of the Prevention of Corruption Act, 1988. Thereafter, without waiting for any process of investigation to be undertaken by the

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