228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 23.03.2026 Jasbir Singh ...Petitioner Versus State of Punjab and others ...Respondents *****

CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. R.K. Arora, Senior Advocate with Mr. J.S. Bhogal, Advocate and Mr. Shivam Ahuja, Advocate for the petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

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DEEPINDER SINGH NALWA, J. (Oral)

In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing the order dated 29.05.2018 (Annexure P-11) to an extent of applying the principle of ‘no work no pay’ for the period when the petitioner was out of service and also denial of benefit of continuity of service along with other notional benefits, from the date of dismissal till the date of reinstatement. The petitioner has also challenged the action of the respondents in not reinstating the petitioner on the post of Head Constable on his reinstatement.

2. The brief facts of the case are that the petitioner joined the Department of Police as Constable on 16.05.1990. Thereafter, the petitioner was promoted as Head Constable on 07.03.1994. On 02.12.1995, the petitioner met with an accident while riding a scooter. In the said accident, one Sh. Kishori Lal Saxena who was on cycle suffered injuries and ultimately died. First Information Report No.156 dated 02.12.1995 was registered against the petitioner under Section 279 and 304-A of Indian Penal Code, 1860. The petitioner was convicted vide judgment dated 26.03.1999 and was sentenced to undergo rigorous imprisonment for 01 year with a fine of Rs.500/-. Aggrieved against the abovesaid judgment dated 26.03.1999 passed by the Additional Chief Judicial Magistrate, Chandigarh, petitioner preferred an appeal before the Court of Additional Sessions Judge, Chandigarh. The abovesaid appeal was also dismissed vide judgment dated 05.01.2002 (Annexure P-1). The family of the deceased Sh. Kishori Lal Saxena approached the Motor Accident Claims Tribunal (in short ‘the Tribunal’) for compensation and the Tribunal awarded compensation of an amount of Rs.2 lakhs, vide award dated 07.01.2008. It transpires that due to registration of the abovesaid FIR, the petitioner was earlier placed under suspension vide order dated 05.12.1995. However, the petitioner was reinstated in service on 09.08.1996 as Head Constable. In view of conviction of the petitioner, a show cause notice was issued to the petitioner as to why petitioner should not be dismissed from service. The petitioner duly filed reply to the show cause notice. Taking into consideration the reply filed by the petitioner, an order dated 04.12.2007 (Annexure P-2) was passed by the Commandant, 4^th Reserve Battalion, Jalandhar Cantt., whereby, the punishment of reduction in rank was imposed upon the petitioner. Meaning thereby, the petitioner was reverted to the rank of Constable. The Deputy Inspector General of Police being Reviewing Authority while exercising his suo motu powers, reviewed the abovesaid order dated 04.12.2007 (Annexure P-2) and issued a show cause notice dated 19.12.2007 to the petitioner as to why the petitioner should not be dismissed from service. The petitioner duly filed reply to the abovesaid show cause notice. The reply filed by the petitioner was not found to be creditworthy, as a consequence of this, Deputy Inspector General of Police, passed an order dated 10.04.2008 (Annexure P-3), disagreeing with the earlier punishment by superseding/modifying the order dated 04.12.2007 (Annexure P-2) and passed an order of punishment of dismissal from service.

3. It transpires that aggrieved against the judgment dated 05.01.2002 (Annexure P-1) passed by the Additional Sessions Judge, Chandigarh, the petitioner preferred a Criminal Revision No.127 of 2002 before this Court and the same was disposed of vide order/judgment dated 01.05.2009 (Annexure P-4). A perusal of the judgment dated 01.05.2009 (Annexure P-4) pa