CWP No.7143 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7143 of 1997 Date of decision : 20-07-2010 Mohinder Singh .... Petitioner VERSUS Union of India and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.R. Bansal, Advocate, for the petitioner. Mr. Puneet Jindal, Advocate, for the respondents. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner was posted as Hospital Attendant in the Railway Hospital, Kalka Distt. Panchkula when impugned orders was passed whereby he was reinstated into service as a fresh candidate without giving any benefit of previous service. It is prayed in this petition that Order dated 6.9.1992 (Annexure P-2) order dated 8.4.1993 (Annexure P-4) and order dated 7.6.1994 (Annexure P-7) to the extent that appointment was fresh be quashed. To appreciate the prayer of the petitioner, it will be necessary to recapitulate brief facts of the case. Petitioner was working as a Constable in the Railwa\y Police Force, Ambala Cantt. He had joined the respondent Organization in the year 1995. On 17.03.1991 petitioner was involved in a fight with ASI Joginder Singh. FIR was registered against the petitioner and he was placed under suspension. However, vide order dated 10.10.1991 (Annexure P-1) CWP No.7143 of 1997 -2- petitioner was reinstated into service. Thereafter, an enquiry was held and on the basis of inquiry report the Divisional-cum-Security Commissioner, Railway Police Force, Northern Railway, Ambala Cantt. vide order at Annexure P-2, dated 6.9.1992 removed the petitioner from service with immediate effect. A perusal of the impugned order (Annexure P-2) reveals that services of the petitioner were dispensed with as he was found under the influence of alcohal at a railway platform of Ambala Cantt. Railway Station, which is a public place and this act was held to be an unbecoming member of a disciplined force and, therefore, he was awarded such an exemplary punishment. Aggrieved against the order of removal, petitioner filed an appeal. The appeal of the petitioner was also dismissed vide order dated 8.04.1993 (Annexure P-4). Thereafter, petitioner filed a revision petition. The Revisional Authority vide order dated 7.6.1994 (Annexure P-7) communicated to the petitioner that his revision has been accepted and he has been reinstated into service as a fresh candidate. Mr. D.R. Bansal, Advocate appearing for the petitioner during the course of the arguments has stated that order passed by the Revisional Authority is very harsh to the extent that the petitioner has lost benefit of past service of 17 years. Petitioner states that when he was reinstated as a fresh candidate he had 17 years of service at his credit. Counsel has very fairly stated that he will limit his prayer to the extent that past 17 years rendered in service be counted towards pensionary benefits. It is also stated that the CWP No.7143 of 1997 -3- petitioner is ready and willing to forego the same period towards seniority and continuity of service. Sh. Puneet Jindal, Advocate appearing for the respondents has stated that once order of reinstatement was accepted, it is too late for the petitioner to urge that he should be granted benefit of past service towards pensionary benefits. Counsel further states that if reinstatement of the petitioner as a fresh candidate is to be construed w.e.f. 6.06.1994 then he will only have 16 years of service at his credit on the day of his superannuation in the year 2011. Therefore, he may not be eligible for the pension. Normally, this Court will not cause interference and disturb the quantum of punishment awarded by the Punishing Authority. But in the case of an extreme hardship, this Court is of the view that in a given case to balance the equities, it can come to the rescue of the petitioner. Therefore, order passed by the Revisional Authority is modified to the extent that petitioner will suffer punishment of break in service to be treated as a fresh appointee with no benefit of the past service towards seniority, continuity of pay scale or any other financial benefit etc. but the past service of 17 years' shall be counted for grant of pensionary benefits only. The writ petition is disposed of in the above terms. (KANWALJIT SINGH AHLUWALIA) 20-07-2010 JUDGE manju