Punjab and Haryana HC orders continuation of service of AIG chargesheeted 2 days before retirement

Uppal (58) had approached the High Court saying that the government had not granted him the one year extension despite recommendations for it by the Punjab DGP. The plea said the state government was “cropping a closed/resolved” issue of his alleged unsanctioned leave at the fag end of service.

The HC was informed about the charges against him, including the alleged unauthorized absence from October 3, 2018 to February 24, 2019, and the existence of an FIR registered against him in September 2018. Advocate Sameer Sachdeva, on behalf of the petitioner, told the court that it was found that FIR against Uppal was frivolous. Regarding the unauthorised absence, Sachdeva said that Uppal had “submitted his medical records before the competent authority to show that he had been suffering from AC PIVD, in common parlance known as prolapsed disc, owing to which petitioner was bed ridden and could not have joined duties”.

Alleging that the chargesheet has been served to him only to negate his claim for extension in service in accordance with instructions, Uppal’s counsel further argued that the departmental proceedings should have been initiated at the time when he re-joined his duties after the absence or when his suspension was revoked in May 2019.

The HC said, “Prima facie…the case of the petitioner for extension in service has been rejected stigmatically. It would have been another matter had he not been granted extension in public interest on attaining age of superannuation”.

The court added that continuation in service being ordered by it will remain subject to the outcome of the final view to be taken on the chargesheet. “In the premise, petitioner shall file his response to the chargesheet within a period of 10 days from today and final decision on the same shall be taken by the competent authority within a period of 10 days thereafter,” reads the order.