IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 04.02.2026 Kesar Singh …..Petitioner Versus The State of Punjab and others ....Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Mukesh Arora, Advocate, for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

NAMIT KUMAR, J.

1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the order dated 13.08.2025 (Annexure P-1) vide which the appeal of the petitioner dated 14.08.2023 (Annexure P-2) was dismissed on the ground of delay and laches. Further prayer has been made for directing the respondents to decide the appeal of the petitioner on merits and to refix the pension of the petitioner by restoring two increments which were stopped by way of punishment vide order No.184 dated 08.06.2015 (Annexure P-3) and also to make payment of arrears in this regard for 38 months prior to date of filing the appeal till the date of deciding the same.

2. The brief facts, as have been pleaded in the petition, are that on the basis of the report of the Punjab Human Rights Commission, petitioner, who was Head Warder, and two other persons, namely Teja Singh, Head Warder and Malkit Singh, Warder, were found guilty of handcuffing undertrial namely Rajinder Pal Verma, who was under treatment at Civil Hospital, Nabha, by the Superintendent, Central Jail, Patiala, and they were awarded punishment of forfeiture of service of two years, vide order dated 08.06.2015. Head Warder Teja Singh filed an appeal against the punishment orders before the Government and his punishment order was quashed vide order dated 04.07.2017. Similarly, Warder Malkit Singh also filed an appeal against the said orders and his punishment of two years of forfeiture of service was converted to the punishment of stoppage of two annual increments with cumulative effect vide order dated 28.10.2016. Thereafter, Warder Malkit Singh filed another appeal on the basis of orders passed in the appeal filed by Head Warder Teja Singh and his punishment orders were also set aside vide order dated 04.04.2019. However, petitioner could not file appeal against the punishment order due to his mental issues and as and when he came to know about setting aside of punishment orders of Teja Singh and Malkit Singh, he filed an appeal dated 14.08.2023 (Annexure P-2) against the punishment order dated 08.06.2015 (Annexure P-3). The appeal of the petitioner has been rejected by respondent No.3- Superintendent, Central Jail, Patiala, vide order dated 13.08.2025 (Annexure P-1) on the ground of delay and laches. Hence, the present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner could not file the appeal against the punishment order dated 08.06.2015, due to mental illness for which he was undergoing treatment at the Department of Psychiatry, Rajindra Hospital, Patiala.

He further submitted that as and when he came to know about setting aside of order of punishment dated 08.06.2015 qua Teja Singh and Malkit Singh, he immediately filed the appeal against his punishment, which has wrongly been dismissed by respondent No.3, on the ground of delay and laches.

4. Learned State counsel, who has appeared on receipt of advance copy of the paperbook, supported the impugned order by submitting that the appeal of the petitioner has been rightly dismissed by the competent authority as the same was filed beyond the period of limitation.

5. I have heard learned counsel for the parties and perused the record.

6. Admittedly, the petitioner was awarded the punishment of forfeiture of service of two years by respondent No.3, vide order dated 08.06.2015. The petitioner filed an appeal against the said order in the year 2023 i.e. after an inordinate delay of 08 years, which has rightly been rejected by the competent authority vide impugned order dated

13.08.2025 (Annexure P-1)

7. The Hon’ble Supreme Court in Yunu