IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JATINDER SINGH ..Appellant Versus STATE OF PUNJAB AND ORS. ..Respondents Reserved on: 05.02.2026 Pronounced on: 07.03.2026 Uploaded on: 11.03.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. P.S. Baath, Advocate for the appellant.

Mr. Animesh Sharma, Addl.A.G. Punjab.

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SUDEEPTI SHARMA , J. (Oral)

1. The challenge in the present regular second appeal is to judgment and decree dated 29.11.2007 passed by learned Additional District Judge (ad hoc)-cum-Presiding Officer, Fast Track Court, Gurdaspur, whereby, appeal filed by respondents-State against judgment and decree dated 08.03.2006 passed by learned Additional Civil Judge (Senior Division), Gurdaspur has been allowed.

2. Brief facts of the case are that appellant was placed under suspension w.e.f. 25.11.1997 while serving in Police, District Batala for having been involved in FIR No.339/92 under Section 304-B/498/149 IPC, P.S. Sadar Batala. After trial, he was convicted and sentenced to undergo rigorous imprisonment for three years and fine of Rs.15,000/-. Due to conviction, he was dismissed from service by SSP, Batala vide order dated 05.11.2002 and he was given subsistence allowance equal to half pay during the period of suspension from 25.11.1997 upto his date of dismissal. He filed appeal against judgment and order of conviction before this Court and vide judgment dated 05.12.2003 he was acquitted by giving benefit of doubt holding therein that there was doubt regarding the participation of appellant in the criminal case. He, thereafter, represented to respondents for his entitlement to get full pay and allowances during the period of suspension from 25.11.1997 uptil date of dismissal i.e. 04.11.2002 and to get full pay and allowance with interest thereupon during the period from 05.11.2002 uptil 15.04.2004 during which he remained out of service.

3. SSP, Batala took up the matter with DIG/Border Range, Amritsar, clarifying guidelines, who had directed SSP Batala to review the case in view of the instructions issued by Government.

4. SSP Batala on 15.04.2004 reinstated appellant from the date of suspension, i.e. 25.11.1997, but he was not paid full pay and allowance during the period of suspension i.e. from 25.11.1997 to 04.11.2002, and also deprived of full pay and allowance during the period from 05.11.2002 up to

15.04.2004 during which he remained out of service.

5. He filed civil suit which was decreed in his favour vide judgment and decree dated 08.03.2006. Respondent filed appeal against the same which was allowed vide judgment and decree dated 29.11.2007 passed by learned Additional Civil Judge (Senior Division), Gurdaspur. Hence, the present regular second appeal.

6. Learned counsel for the appellant contends that learned first appellate Court has wrongly allowed the appeal filed by the respondents and set aside well reasoned judgment and decree dated 08.03.2006 passed by learned Additional Civil Judge (Senior Division), Gurdaspur, whereby, civil suit filed by the appellant was decreed in his favour. He therefore pray that the present appeal be allowed and judgment and decree dated 29.11.2007 passed by Additional District Judge (ad hoc)-cum-Presiding Officer, Fast Track Court, Gurdaspur, be set aside.

7. Per contra, learned counsel for respondents contends that the appeal filed by the respondents has rightly been allowed and the present regular second appeal deserves to be dismissed being devoid of merits.

8. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance.

9. A perusal of the record shows that the only question involved in the present appeal is as to, whether the Government employee, who was dismissed from service on account of his conviction under Section 304-B/498/149 IPC by Sessions Court but thereafter acquitted by this Court, i