SheGham andiLal v. State of Haryana

Judgment

45 CWP Ne7406 of2010 P J 1 I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARHe DATE OF DECI SI ON2 3 81010 SheGham andiLal eeePet it ioner VERSUS St at eofHaryana8 Ot hers ee CORAM HONBLE MRJUSTI CE PERMOD KOHLI PRESENT MrandeepArora Advocat e for t he pet it ioner C 0 0 C5 I Z C I 08 r Z r Perm od Kohli Je Orall The pet it ionerwas appoint edas Peon on 51990 He was prom ot ed as Clerk on 21 21995 The was m arriedwit h one Raj baladlo Phool t he year 1991 Acom plaintunder Sect ions4061491 1PC e was lodgedagainstt he pet it ionerHe was convict ed byt he Chief Judicial Hisar under t he aforesaid sect ions and sent enced t o undergo for t wo yearsAn appeal beforet he SessionsJudge jHisar cam et o be dism issed vide orderdat ed 14 72 00 1 afSrm ingt he order Rashm i 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh of t he t rial court be pet it ionert hereaft erpreferreda rcv lSlOll pet lt lOll JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 46 WP Noe7406of2010 t 2 1 Crl RevisionNo883 of2005 beforet his Court The revision st ands dm it t edvide order dat ed 912006 and is pendingDuringt he t heappealbefore t he Addl SessionsJudge Hisar t he of was t o t hepostofAudit or on 1172005 On dism issaloft he appealby t heAddl SessionsJudget he was placedunder vide drderdat ed 27102005 nade P wef 2992005 The pet it ioner a dat ed3 1102006 for his reinst at em entduringt he pndencyof crim inal revlSlOI l before t he HighCourt and also claim ed allowance The said was followed by lrt her Vide let t er dat ed1452008 P31 lat est posit ion 04t he case was soughtfrom t he pet it ionerThe pet it ionersubm it t ed t he dt ails of t he case vide his let t er dat ed 1262008 lnnexure P49 t hathis appealhas beenadm it t eda8d he has been released 01bail Duringt he t he CCurt of t he Crim inal Revision beforet he High has been rem oved 8om servlce vide t he order dat ed 32009 I under Rule 60f Local Fund Audit Grpup ServiceRules 1982 and AppendixC t o t he aforesaid Rules read wilhRuI e4A oft he HaryanaCivil Services 4 c AppealRules r 0 0 C I Z 2 C I 08 m 7 Z n However he has been t he ret iralbenefit s I n t he m eanwhile m e t he m ade an under Sect ion 397 of t he CrP lll CrRevNo1883 of 2005 for of t he convict ion This Coun vide it s order dat ed 582009 P st ayedt he convict ion of t he pet it ioliduringt he pendencyof t he revlSlOll 4V I t appearst hat aft er t he st ayof L t he convict ion t he filed CWP NoA348 of2009 beforet his Coun Thq said wnt pet it ionwas disposedof vide order dat ed 18 1009 Rashm i 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh Pe79 t he pet it ionert o flle a fresh and a JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 1 47 t 5 CWP Noe7406of2010 r 3 l 0 0 I 0 I Z I 08 ao vm Z Qm direct i6nwas issuedt o t he t o considerand decidet he sam e in wit h law wit hin t hreem ont hsPursuant t o t he aforesaid order t he filed a which has been vide t he order dat ed 2312010 Annexure I 81 The has t he order of his relnovaldat ed32009 Pe59and order of rej ect ionof his exure P89 The relied upon a of t his Court passedin t he caseof Sham sherSinghvse Dist rict 8 SessionsJudgeFerozepur1992 3 RS 452 wherein followingobservat ionshave been m adelm 4Havingheard I eam edcounsel for t he and keepingin view t he fact t hat no one has on behalf of t he t o cont est t his pet it ionI find t hat t he pet it ionerhas been rem oved from service only on account of his convict lOlle This convict ionhavingbeen set aside t he order of rem oval froin service cannot be sust ainedI t is set aside 93 I is accordinglyarguedt hat in view of t he aforesaidj udgm entt he orderofrem ovaloft he from service is liable t o be set aside I have heard t he learnedcounsel for t he pet it ioner I 0 t he presentcase t he orderof convict ion hasnot been set asidet ill dat e t hought he convict ion has been st ayed The crim inal revlSlO lS pendingThe rat io of t he aforesaid j udgm entm ay not be at t ract et l111 t he present case I n view of t he above circum st ances t he cont ent ionoft he pet it ionert hatt he order ofrem oval be set aslde cannot be Rashm i 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh at t his st age JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 48 r d CWP Noa7406of2010 J 4 This pet it ionis dism issedHowever t he shall have t heI ibert yt o seek rem edy111t he event his convict ion1S set aside byt he HighCourt in t he crim inalrevision m ent ionedherel ablove 3 e2010 MFK em m C 1 J PERMOD KOHLI I JUDGE NOTEWhet her t o be referred t o Report eror not 216O 4 C r Ol8l 1 1 0 0 I C5 I Z r I 08 r e7 Z Qe Ol Rashm i 2014.05.12 10: 22 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document