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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Ajaib Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of chargesheet dated22.03.2018 and consequent proceedings.
2. The petitioner joined Police Force as Constable on 11.04.1977. He was promoted from time to time. In 1998, he was sent on deputation to the office of Excise and Taxation Commissioner. He remained there till 2002. The Excise and Taxation Department vide order dated 17.12.2002 repatriated him to his parent department. He at that point of time was holding rank of Assistant Sub Inspector. He is claiming that he tried to join his parent department in 2003 and respondent is claiming that he never joined service after May’ 2003. He approached this Court by way of CWP-4878-2006 seeking release of his salary. The said petition was dismissed vide order dated 12.08.2010 with liberty to file civil suit. He filed civil suit which was dismissed. He unsuccessfully filed appeal as well as RSA before this Court. He filed CWP-19169-2017 before this Court seeking direction to respondents to decide his representation dated 03.05.2017 seeking release of pensionary benefits. The said petition was
The main legal point established in the judgment is that departmental proceedings against a retired employee cannot be initiated after 4 years from the date of the alleged incident, as per Rule 2.2 (....
The main legal point established is that an employee is entitled to pension and post-retiral benefits as per the initial order of compulsory retirement, and subsequent amendments denying such benefit....
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
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