RSA No.1140 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1140 of 2010 (O&M) Date of decision: 26.05.2011 Kashmir Singh ....Appellant Versus The Punjab State and another ....Respondents CORAM: HON'BLE MR. JUSTICE M.M.S BEDI 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? Present: - None. ***** M.M.S. BEDI, J (ORAL) Learned counsel for the appellant is not available for arguments. Now, to come up on 25.7.2011. At this stage, Mr. Sandeep S. Majithia, learned counsel for the appellant has put in appearance. The suit filed by the plaintiff/appellant for declaration of order dated 24.10.1997 illegal, invalid, null and void, unconstitutional, arbitrary, capricious, wrong, ineffective, inoperative, wanton, without jurisdiction and not binding upon the plaintiff, penalising the plaintiff/appellant by forfeiting his one year approved service on permanent basis, has been dismissed by learned lower appellate Court. Counsel for the appellant during the course of arguments could not explain as to why order passed by the appellate authority and revisional authority against the order dated 24.10.1997 was not RSA No.1140 of 2010 (O&M) -2- challenged. There is a concurrent finding of fact arrived at by the Courts below that after following the procedure of law and giving fair opportunity, the impugned order of punishment dated 24.10.1997 has been passed in accordance with Punjab Police Rules. As the order passed by appellate authority and revisional authority against the said order had not bee challenged, plaintiff/appellant cannot be granted any relief even if it is presumed that the order dated 24.10.1997 is legally defective. Counsel for the appellant faced with this situation has requested that plaintiff may be permitted to avail the remedy available to the plaintiff/appellant to challenge the order passed by appellate authority as well as other authorities before appropriate forum in accordance with law. At this stage, counsel for the plaintiff/appellant has made a request to permit the plaintiff/appellant to withdraw his suit to enable him to challenge the order of appellate authority as well as the revisional authority in accordance with law before the department or civil Court. The suit of the plaintiff/appellant is dismissed as withdrawn with liberty to the plaintiff/appellant to avail appropriate remedy available to him in accordance with law, if any. (M.M.S. Bedi) Judge May 26, 2011 R.S.