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2022 Supreme(P&H) 232

G. S. SANDHAWALIA, VIKAS SURI
State Of Haryana – Appellant
Versus
Satish Kumar – Respondent


Advocates Appeared:
Ms. Palika Monga, DAG, Haryana, for the Appellant; Mr. Akshay Bhan, Senior Advocate with Mr. Sushant Kareer, Advocate for the respondent, for the Respondent

JUDGMENT

G.S. Sandhawalia, J. - Present letters patent appeal is directed against the order dated 23.10.2019 passed by learned Single Judge in CWP No.13364 of 2018, whereby the writ petitioner who was working as Assistant Sub Inspector (ASI) who was dismissed on 29.10.2015 (Annexure P-5), whose appeal had been dismissed on 08.06.2016 (Annexure P-7) and also the revision on 21.10.2017 (Annexure P-10), had set aside the same. He was directed to be reinstated in service while quashing the departmental proceedings of chargesheet dated 21.04.2015 (Annexure P-2A) including the report of the Inquiry Officer dated 26.05.2015 (Annexure P-4). Resultantly, the State had been asked to reinstate the writ petitioner in service and release all statutory benefits in accordance with law within a period of two months.

2. The reasoning as such to arrive at the said conclusion by the learned Single Judge is that the criminal proceedings and the departmental proceedings were overlapping and therefore, it would be oppressive to allow the findings recorded in the departmental proceedings. The learned Single Judge was of the view that since the criminal proceedings resulted in an acquittal of the employee,

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