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Judgment
12 paragraphs · 476 wordsJagmohan Bansal, J
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to decide his representation dated 10.11.2025 claiming release of subsistence allowance/retiral benefits during the pendency of criminal appeal (CRA-S-2718-2019).
This is second round of litigation. On the earlier occasion, the petitioner preferred CWP-31724-2025 which was dismissed as withdrawn vide order dated 29.10.2025. The said order is reproduced below:-
“1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of show cause notice dated 18.09.2025 (Annexure P-12) and order dated 03.10.2025 whereby he was dismissed from service.
The petitioner joined Punjab Police as Constable on 16.08.1988. He was promoted as Head Constable in 2004 and ASI in 2016. He came to be implicated in FIR No.6 dated 02.05.2017 under section 7 and 13(2) of Prevention of Corruption Act, 1988. The Investigating Officer filed final report after concluding investigation. The petitioner faced trial. He was convicted by trial Court and vide order dated 03.08.2019 sentenced to five years’ rigorous imprisonment. The respondent vide order dated 30.08.2019 dismissed him from service on the ground of conviction by trial Court. He preferred CRA-S-2718-2019 before this Court assailing conviction by trial Court. This Court vide order dated 13.12.2021 suspended his sentence. He was reinstated vide order dated 12.07.2022 and his period of absence was treated as dies-non. The respondent issued show cause notice dated 09.09.2022 proposing forfeiture of 5 years’ qualifying service. The disciplinary authority vide order dated 02.09.2024 imposed penalty of forfeiture of three years’ service. The petitioner preferred review petition before DGP against penalty of forfeiture of three years' service. The said petition came to be dismissed vide order dated 13.12.2024. The respondent issued show cause notice dated 18.09.2025 under Rule 16.28 of Punjab Police Rules, 1934 (in short ‘PPR’) proposing review of reinstatement order. The petitioner filed reply to said notice. The respondent-DGP by impugned order dated 03.10.2025 has ordered to dismiss the petitioner in terms of Rule 16.2 of PPR.
Learned counsel for the petitioner seeks permission to withdraw the instant petition with liberty to approach authorities or this Court, if at any stage appeal filed by petitioner assailing judgment of conviction is set aside by this Court or higher Court.
Dismissed as withdrawn with aforesaid liberty.
Pending application(s), if any, stands disposed of.”
The petitioner has filed representation dated 10.11.2025 claiming subsistence allowance during the pendency of aforesaid criminal appeal before this Court.
Learned State counsel submits that representation of the petitioner would be decided within two months from today.
Learned counsel for the petitioner agrees to the aforesaid arrangement.
In the wake of statement of both sides, the petition is disposed of with a direction to respondent to decide his representation within two months from today.