Remanded

Mohan Singh v. State of Pb.

Punjab & Haryana HC12 Sept 2011CWP/10120/2003

Case brief

AI extract

What is this about?

The Court dismissed the appeal against the petitioner's dismissal from police service. It held that the Complaint cannot be set aside merely due to probation release as the conviction was upheld. The matter was remanded to the competent authority to consider reinstatement or lesser punishment.

What did the court decide?

Direction to Respondent No.3 to consider whether the petitioner, upon release on probation, is entitled to reinstatement in service by subjecting him to some lesser punishment within four months.

Mohan Singh Vs State of Pb. — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.10120 of 2003 (O&M) Date of Decision: 12.09.2011

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Ex-Constable Mohan Singh

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VS.

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State of Punjab & Ors.

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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Present: Mr. RK Dadwal, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab

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SURYA KANT, J. (ORAL)

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(1). The petitioner was a Constable in Punjab Police. Pursuant to the registration of FIR No.133 dated 3.7.2000 under Section 307, 323, 315 & 511 IPC against him, the petitioner was tried and convicted under Section 324 IPC by the Additional Sessions Judge, Nawanshahr and was directed to undergo simple imprisonment for a period of six months.

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(2). It is to be kept in view that the allegations against the petitioner were that the complainant (Kashmir Kaur) fell in love with him and thus started living together. The complainant became pregnant but the petitioner wanted her to get the pregnancy terminated. As the complainant refused to oblige the petitioner that she was given merciless beatings by him which led to the registration of the FIR in question.

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(3). The petitioner preferred Criminal Appeal No.258 of 2003 which was disposed by this Court vide order dated April 28,

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2 –

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CWP No.10120 of 2003.doc

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2011 upholding the petitioner’s conviction though he has been released under Section 12 of the Probation of Offenders’ Act, 1958 with an observation that the conviction shall not visit the petitioner with any disqualification. (4). Meanwhile and pending the above-stated Criminal Appeal, the Senior Superintendent of Police, Nawanshahr dismissed the petitioner from service vide order dated 31.3.2003 on the basis of his (mis)conduct which led to his conviction on criminal charges.

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(5).

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The aggrieved petitioner has approached this Court.

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(6). Having heard learned counsel for the parties at some length, I am of the considered view that the dismissal order cannot be set aside merely on the petitioner’s release on probation as his conviction under Section 324 IPC stands upheld by this Court. The question as to whether the offence committed by the petitioner involved ‘moral turpitude’ and/or can he be reinstated in service on the plea that he has been let-off on probation by the Appellate Court, are to be gone into by the Competent Authority in accordance with Rules/Policies.

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(7). The writ petition is accordingly disposed of with a direction to respondent No.3 to consider as to whether the petitioner on his release on probation, is entitled to re-instatement in service by subjecting him to some lesser punishment.

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3 –

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CWP No.10120 of 2003.doc

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(8). The appropriate order in this regard shall be passed within a period of four months from the date of receipt of a certified copy of this order.

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(9). Ordered accordingly. Dasti .

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12.09.2011 vishal shonkar

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(S u r y a K a n t) Judge

Mohan Singh v. State of Pb.

Case brief

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Mohan Singh v. State of Pb.

Case brief

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