R.S.A. No. 2653 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2653 of 2009 Date of decision:- 14.11.2011 State of Punjab and others ...Appellants Versus Puran Chand ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Yatinder Sharma, DAG Punjab for the appellants. None for the respondent. RITU BAHRI J.(Oral) This regular second appeal is directed against the judgment and decree dated 3.3.2009 passed by the District Judge, Gurdaspur. In this case the plaintiff while posted at P.S. Kalanaur on 4.11.2002, he was going on his motor-cycle from Police Station to Bazaar when he reached near CID office Kalanaur, his motor-cycle struck with an old man. CID personnel SI Karnail Singh who was standing near the place of occurrence advised the plaintiff to drive slowly, but the plaintiff did not behave properly. On these allegations, regular enquiry was conducted as per rules and held guilty of charges. A show cause notice was issued to him and after considering his reply, he was given punishment of R.S.A. No. 2653 of 2009 -2- one year forfeiture of approved service. He filed Civil suit against the punishment order of forfeiture of one year approved service. The civil suit of the plaintiff was dismissed on 14.8.2008. He filed civil appeal against the said judgment. The appeal of the plaintiff was accepted on 3.3.2009 with the following order :- “In the situation, the appeal is accepted, impugned judgment and decree dated 14.8.2008 are set aside, orders dated 11.12.2004 and dated 23.3.2005 are declared illegal and null and void. However, this shall not preclude Senior Superintendent of Police, Batala from taking a final decision in the matter on the basis of report of enquiry, after observing the necessary procedure.” In view of the liberty given by the Appellate Authority to the Senior Superintendent of Police, Batala, counsel for the appellants seeks to withdraw this RSA to enable him to avail the liberty for taking final decision in the matter on the basis of inquiry report. Counsel for the appellant has made this statement on the basis of affidavit filed by Mr. M.S. Chinna, Assistant Inspector General of Police, Welfare & Litigation, Punjab dated 29.8.2011 in RSA No.3004 of 2008. In view of this statement, Mr. Yatinder Sharma, DAG Punjab is allowed to withdraw this RSA. Accordingly, this regular second appeal is withdrawn. November 14, 2011 ( RITU BAHRI ) Vijay Asija JUDGE