A court in Gurdaspur has dismissed an appeal filed by the Punjab government against a lower court order that granted pensionary benefits to a former head constable. The constable, Pankaj Kumar, was dismissed from service in 2011 after an FIR was registered against him, but he was acquitted eight years later.
Background of the Case
Former head constable Pankaj Kumar was dismissed from service on August 16, 2011. The Punjab Police invoked Article 311(2)(b) of the Constitution, which allows for dismissal without a departmental inquiry if it is deemed not reasonably practicable to conduct one. However, Kumar was acquitted of all charges by a Mansa court in 2019.
Reinstatement Denied Despite Acquittal
Despite his acquittal, the police department rejected Kumar's plea for reinstatement. During the proceedings, the court observed that the department had failed to record valid reasons for bypassing a regular departmental inquiry. The dismissal orders were described as cryptic and legally unsustainable.
Discrimination Under Article 14
The court further noted that other police personnel named in the same FIR had been reinstated after their acquittal. Denying similar relief to Kumar amounted to discrimination and violated Article 14 of the Constitution, which guarantees equality before the law.
Court's Ruling
Advocate Puneet Sharma, counsel for the petitioner, stated that the additional district judge upheld the trial court's order setting aside the dismissal. The court ruled that Kumar was entitled to pensionary benefits on par with other reinstated employees. It also directed the department to pay arrears with 6% annual interest, compounded annually, from the date of dismissal until his retirement on October 6, 2023.
Costs Imposed on State
Dismissing the state's appeal with costs, the court directed the authorities to process the pensionary benefits without delay.
