CWP No.15095 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CWP No.15095 of 2008
Date of decision: 27.8.2008
Dilpreet Singh ..Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. B.S. Jaswal, Advocate, for the petitioner.
Ashutosh Mohunta, J. (oral)
The petitioner has prayed for quashing the order dated 16th
January, 2008 (Annexure P-3), vide which his application for treating
the suspension period from 24th May, 1991 to 26th March, 1997 as duty
period, has been rejected.
The petitioner while serving as a teacher in a Government
School had faced trial under Section 307 IPC, 25 of the Arms Act,
Sections 4 & 5 of the Explosive Substances Act, 1908 and Sections 3 &
4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.
Although, the charges against the petitioner were very serious.
However, the Additional Judge, Designated Court, Amritsar, vide
judgment dated 1st August, 1996, had given benefit of doubt to the
petitioner and acquitted him.
Learned counsel for the petitioner submits that as the
CWP No.15095 of 2008 2
petitioner has been acquitted, therefore, the respondents have to treat the
suspension period as duty period.
Keeping in view the fact that one rocket and one magazine
of A.K. 47 were recovered, therefore, there is no ground to grant him the
relief as prayed for.
(ASHUTOSH MOHUNTA)
JUDGE
(RAJAN GUPTA)
JUDGE
August 27, 2008
‘rajpal’