IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 7208-C of 2009 and RSA No. 2381 of 2009 Date of Decision: July 01 , 2009 State of Punjab and others ...... Appellants Versus Ex-Constable Gurnam Singh ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.M.S.Sindhu, Addl.AG, Punjab for the appellants. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. CM No. 7208-C of 2009 For the reasons recorded in the application, the delay of 7 days in filing the present appeal stands condoned. RSA No. 2381 of 2009 This appeal has been filed against the concurrent judgments of the Courts below setting aside the dismissal of the respondent primarily on the ground of violation of principles of natural justice. It has specifically been held that as regards the charge of absence of 10 years no inquiry proceedings had been launched. Further the punishment order was based on the conviction but not on the conduct leading thereto. The courts below have reinstated the respondent into RSA No. 2381 of 2009 -2- service with liberty to the appellants to proceed afresh in accordance with law. Back wages have also been denied. In my opinion no fault can be found with the orders of the courts below setting aside the dismissal. However,considering the gravity of the charges I deem it appropriate to modify the decree by directing that even though the dismissal order shall be deemed to be set aside with the aforesaid liberty to the appellants yet the same would be kept in abeyance till he is exonerated, in which case of course, he would be entitled to all consequential reliefs. I further direct that the appellants are granted a period of one year to conclude any fresh proceedings which may be initiated, provided that the respondent co-operates with them. In case the respondent is found guilty any order would relate back to the date of the impugned order herein. With this modification this appeal is dismissed. (AJAY TEWARI) JUDGE July 01, 2009 sunita