IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 14.05.2026 EX HEAD CONSTABLE LUBHAYA MASIH ...... Petitioner VERSUS STATE OF PUNJAB AND OTHERS ...... Respondents CORAM : HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA ***

Present :- Mr. Raj Kumar Arya, Advocate for the petitioner.

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Deepinder Singh Nalwa, J. (Oral)

1. In the present writ petition, the petitioner has challenged the order dated 02.01.2014 (Annexure P-1) passed by respondent No.5, vide which the petitioner has been dismissed from service. The petitioner has also challenged the orders dated 27.03.2014 (Annexure P-2) passed by respondent No.4 and 29.09.2014 (Anneuxre P-3) passed by respondent No.3, whereby the appeal and revision petition filed by the petitioner against the dismissal order dated 02.01.2014 (Annexure P-1) have been dismissed.

2. Brief facts of the case are that the petitioner was recruited on the post of Constable in Punjab Police in the year 1992. A complaint was received against the petitioner in respect of 8^th class certificate furnished by him at the time of his appointment. In the complaint, it was alleged that the certificate submitted by the petitioner was fake. In light of the above said complaint, the departmental proceedings were initiated against the petitioner. The petitioner was served with a charge-sheet to which petitioner duly filed his reply. However, the reply filed by the petitioner was not found to be credit worthy. As a consequence, an Inquiry Officer was appointed to inquire into the charges levelled against the petitioner. The Inquiry Officer, after conducting the inquiry, held charges proved against the petitioner.

3. The punishing authority accepted the findings given by the Inquiry Officer in the inquiry report passed an order dated 02.01.2014 (Annexure P-1) whereby, the petitioner was dismissed from service. Aggrieved against the above said dismissal order, the petitioner preferred an appeal before the appellate authority, which was dismissed vide order dated 27.03.2014 (Annexure P-2). Aggrieved against the order of dismissal and the order passed by the Appellate Authority, the petitioner preferred the revision petition before the competent authority. The said revision petition was also dismissed vide order dated 29.09.2014. (Annexure P-3). Aggrieved against the dismissal order dated 02.01.2014 (Annexure P-1) and subsequent orders dated 27.03.2014 (Annexure P-2) and 29.09.2014 (Annexure P-3), upholding the order of punishment, the petitioner has approached this Court by way of filing present writ petition.

4. Learned counsel appearing on behalf of the petitioner submits that the impugned orders passed by the respondents are not sustainable in the eyes of law, as while passing the impugned orders, the respondents had not taken into consideration the length of service rendered by the petitioner, which is a mandatory requirement in terms of Rule 16.2 of the Punjab Police Rules, 1934, as such, the impugned orders are liable to be set aside.

5. Notice of motion.

6. Mr. Rohit Ahuja, DAG, Punjab, accepts notice on behalf of respondents and submits that the present writ petition is liable to be dismissed on the ground of delay and laches. He submits that the order of dismissal of petitioner from service was passed in the year 2014 and the petitioner has approached this Court after almost 12 years from the date of passing of the said order. Learned State counsel also submits that an FIR No.46 was registered against the petitioner by the department on 20.03.2013 under Sections 420/467/468/471 of IPC, wherein, the petitioner has been convicted vide judgment dated 06.11.2017 and has been sentenced to undergo rigorous imprisonment for 03 years along with a fine of Rs.2000/-. It has also been submitted by the learned counsel that against the above said judgment dated 06.11.2017, a criminal revision was also filed before this Court by the petitioner which has been disposed of vide order dated 28.08.2019, whereby, while main