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2024 Supreme(P&H) 1412

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Parkash Singh @ Rachpal Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Akhilesh Vyas, Advocate
For the Respondent: Mr. Aman Dhir, DAG, Punjab.

JUDGMENT :

Jagmohan Bansau, J. (Oral) - The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:

2. The petitioner was working with respondent-department as Constable. An FIR No. 12 dated 23.02.2013 under Sections 419, 420, 465, 467, 468, 471, 120-B of IPC Police Station Begowal, District Kapurthala was registered against the petitioner. Departmental proceedings came to be initiated against him. He came to be convicted vide judgment dated 11.04.2018 passed by trial Court. Senior Superintendent of Police dismissed him from service vide order dated 28.01.2019 (Annexure P-7). He unsuccessfully preferred appeal before the departmental authority. The Additional Sessions Judge, Kapurthala, vide judgment dated 20.10.2023 has acquitted him in the above-said FIR.

3. Counsel for the petitioner submits as per Rule 16.2 read with 16.3 of Punjab Police Rules, 1934 (in short "Punjab Police Rules"), the punishment awarded by departmental authorities needs to be reviewed in the light of judgment of acquittal.

4. On being asked, Mr. Aman Dhir, DAG, Punjab, expressed his inability to controvert the fact that original as well as appellate or

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