IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.511 of 1999 (O&M) Date of decision: 3.11.2009 State of Haryana and others -----Appellants Vs. Ex –Constable Ram Kumar ----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Rameshwar Malik, Addl.Advocate General, Haryana for the appellants. Adarsh Kumar Goel,J. 1. This appeal has been preferred by the State against order of learned Single Judge directing substitution of punishment of dismissal by that of compulsory retirement with effect from the date of order of dismissal from service. 2. Respondent was appointed as Constable and he served for about 19 years from 4.12.1973 to 10.8.1992. A charge sheet was given to him alleging misconduct of consuming liquor, while on duty on 5.5.1992, and absence LPA No.511 of 1999 (O&M) from duty from 5.5.1992 to 31.7.1992. After enquiry, the charge was held to have been established and order of dismissal from service was passed, which was confirmed in appeal. 3. Only ground for challenge before learned Single Judge was that having regard to service already rendered, the respondent should not be deprived of the pension, which plea prevailed with the learned Single Judge. Interim relief having been denied, the pension must have been worked out and paid. More than ten years have already passed from the date of the order passed by learned Single Judge. 4. Even though, two views may be possible about interference by this Court with the impugned order of dismissal, in exercise of power of judicial review, having regard to the developments that have already taken place mentioned above, no interference is called for by this Court, at this stage. 5. The appeal is dismissed. . (Adarsh Kumar Goel) Judge November 03, 2009 (Gurdev Singh) ‘gs’ Judge 2 LPA No.511 of 1999 (O&M) 3