As per case facts, the petitioner, a Section Officer, was convicted for abetment to suicide and criminal intimidation linked to demanding bribes from a contractor who later committed suicide. Consequently, ...
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CWP-20234 of 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-20234 of 2026
Ravinder Kumar
….Petitioner
versus
State of Punjab and others
….Respondents
Sr. No. Particulars Details
1. The date when the judgment is reserved 08.07.2026
2. The date when the judgment is pronounced 29.07.202 6
3. The date when the judgment is uploaded on the website 29.07.2026
4. Whether only operative part of the judgment is
pronounced or full judgment is pronounced
Full
5. The delay, if any, of the pronouncement of full
judgment, and reasons thereof
Not applicable
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Argued by: Mr. H.C. Arora, Advocate,
for the petitioner
Mr. Rohit Ahuja, DAG, Punjab.
NAMIT KUMAR
, J.
1. The petitioner has invoked the writ jurisdiction of this
Court under Article 226 of the Constitution of India, seeking issuance of
a writ of certiorari for quashing the order dated 01.02.2022 (Annexure
P-2), passed by respondent No.2, imposing the punishment of dismissal
from service upon the petitioner on the ground of his conviction under
Sections 306 and 506 IPC; for quashing the order dated 11.06.2026
(Annexure P-11), passed by respondent No.3-Appellate Authority,
whereby an appeal preferred by the petitioner against the order of
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CWP-20234 of 2026
dismissal from service has been rejected and further issuance of a writ
of mandamus directing the respondents to reinstate the petitioner in
service, with effect from the date of his dismissal from service vide
order dated 01.02.2022 (Annexure P-2), with all consequential benefits,
including arrears of salary and allowances for the intervening period.
2. The brief facts, as have been pleaded in the petition, are
that the petitioner was employed as Section Officer in Nagar Panchayat
Mahilpur, District Hoshiarpur. On account of suicide by one Pran Nath,
contractor, FIR No.135 dated 31.12.2016 under Sections 306/506 IPC
was registered against the petitioner at Police Station Mahilpur, District
Hoshiarpur, on the statement of son of Pran Nath, alleging therein that
the petitioner was demanding bribe for clearing the bills of the work
done by his father and was further extending threats to his father to get
him entangled in false criminal cases. Consequently, petitioner was
convicted by the Court of learned Sessions Judge, Hoshiarpur, vide
judgment dated 08.11.2021 and was sentenced to undergo rigorous
imprisonment for a period of five years with fine of Rs.25,000/-, vide
order dated 10.11.2021. Following the conviction of the petitioner,
respondent No.2, vide impugned order dated 01.02.2022 (Annexure P-
2), dismissed him from service. Thereafter, the petitioner preferred an
appeal against the order of his dismissal on 16.06.2025 (Annexure P-6),
which was rejected by respondent No.3 – Appellate Authority, vide
order dated 25.07.2025 (Annexure P-8) on account of delay of 1215
days in filing the appeal. Aggrieved thereby, petitioner approached this
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CWP-20234 of 2026
Court by filing CWP-30394 of 2025 – Ravinder Kumar v. State of
Punjab and others, seeking quashing of order dated 25.07.2025, passed
by respondent No.3, rejecting the appeal of the petitioner. This Court,
vide order dated 08.12.2025 (Annexure P-10), allowed the petition and
directed the Appellate Authority to reconsider the application for
condonation of delay on the basis of the grounds mentioned therein as
well as the merits of the appeal and to pass a fresh order after affording
an adequate opportunity of hearing to the parties, within a period of
three months from the date of receipt of certified copy of the order.
Pursuant to the abovesaid orders of this Court, the Appellate Authority
reconsidered the appeal of the petitioner and the same was rejected, vide
order dated 11.06.2026 (Annexure P-11) impugned herein. Hence, the
present petition.
3. Learned counsel for the petitioner contended that the
petitioner has been dismissed from service merely on the basis of his
conviction under Sections 506/306 IPC and the offences under Sections
506/306 IPC do not involve moral turpitude, therefore, the order dated
01.02.2022, dismissing the petitioner from service is totally illegal, as
an employee convicted for an offence under Section 506 IPC is not
liable to be removed from service merely on account of the conduct
leading to such conviction. He further submitted that the appeal
preferred by the petitioner against the order of dismissal from service
has wrongly been rejected by the Appellant Authority on the ground of
delay, as the petitioner was convicted and sentenced in the aforesaid
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CWP-20234 of 2026
FIR, vide judgment dated 08.11.2021, and against the said judgment of
conviction/sentence, he had preferred an appeal before this Court. His
sentence was suspended vide order dated 30.05.2022. He further
submitted that the petitioner thereafter remained engaged in pursuing
his appeal and was making efforts to obtain a stay of his conviction
before this Court. Consequently, he was unable to file the departmental
appeal against the dismissal order within the prescribed period. It is,
thus, contended that the delay in filing the appeal against the dismissal
order by the petitioner was on account of sufficient reasons and beyond
his control. In support of his contentions, learned counsel for the
petitioner has placed reliance upon the judgment of the Hon’ble
Supreme Court in Collector, Land Acquisition, Anantnag and another
v. Mst. Katiji and others, 1987(2) SCC 107.
4. On the other hand, learned State counsel has opposed the
contentions raised by learned counsel for the petitioner and submitted
that there was an unexplained inordinate delay of 1215 days’ in filing
the departmental appeal by the petitioner against the order of his
dismissal from service, therefore, his appeal has rightly been rejected by
the appellate authority and the present writ petition is also liable to be
dismissed on account of delay and laches.
5. I have heard learned counsel for the parties and perused the
record.
6. Admittedly, the petitioner was awarded the punishment of
dismissal from service vide order dated 01.02.2022. He preferred
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CWP-20234 of 2026
departmental appeal against the said order on 16.06.2025, which was
rejected by the appellate authority, vide order dated 25.07.2025, on the
ground of delay. Thereafter, petitioner approached this Court by way of
filing CWP-30394 of 2025, for quashing the order dated 25.07.2025 and
the said writ petition was allowed by this Court, vide order dated
08.12.2025, whereby order dated 25.07.2025, passed by the Appellate
Authority, was set aside with a direction to reconsider the application
for condonation of delay on the basis of the grounds mentioned therein
as well as the merits of the appeal and to pass a fresh order after
affording an adequate opportunity of hearing to the parties within
stipulated period of three months. Pursuant to the abovesaid order of
this Court, the Appellate Authortity, vide order dated 11.06.2026
(Annexure P-11), has rejected the departmental appeal of the petitioner.
The relevant paras, whereby the appeal of the petitioner has been re-
considered though rejected by the Appellate Authority on merits, are as
under:-
xxx xxx xxx xxx
6. The facts of the case of the appellant which lead to his
conviction have been examined by the undersigned. The L'd
Session Judge, Hoshiarpur in his judgment has categorically
examined the facts and circumstances of the case of the
Appellant. The Appellant has been convicted on the ground
of treat and suicide by Sh. Pran Nath, who was working as
contractor for last 22/23 years in Nagar Panchayat
Mahilpur under the name of Labour and Construction
Society Mahilpur. The bills for the work done by them during
the last 2/3 years were not cleared whereas the payments of
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CWP-20234 of 2026
other Contractors were made. For that purpose, they time
and again requested the Ravinder Kumar, Nagar Panchayat
Mahilpur to clear the payment which was about '20 lakh, for
which Officer Ravinder Kumar was demanding bribe. They
also requested Ravinder Kumar in this regard and moved a
complaint bearing no.1488/M/CEA dated 4.10.2016 before
the Deputy Commissioner, Hoshiarpur. During inquiry of the
said complaint, Ravinder Kumar got registered a case
bearing FIR No.134 dated 18.11.2016 under Sections 323,
324, 427, 34 IPC against the complainant and his brother
Munit Khanna due to which his father Pran Nath Khanna
moved application bearing no. 5570-SSP dated 18.11.2016
before the SSP, Hoshiarpur which was pending investigation
before the SP(D). Thereafter, Ravinder Kumar also moved
another application before the DGP against the
complainant, his father Pran Nath and brother Munit
Khanna due to which his father got mentally disturbed. On
30.12.2016, his father after taking meal went to his room for
sleeping. In the next morning on 31.12.2016 at about 8.00
AM, when they knocked at the door of the room of his father
for serving tea, his father did not open the door. He called
his brother Munit Khanna who broke open the door and
found that his father had committed suicide with string by
hanging with the door. Their father had committed suicidebecause Ravinder Kumar was not clearing their payments
for the work done by them and because of false FIRs
registered against them by Ravinder Kumar. Now, Sh.
Ravinder Kumar has been convicted on these charges and
punishment of 5/2 years have been awarded u/s 306 and 506
of IPC respectively.
7. The perusal of the orders of the Session Judge, Hoshiarpur
clears that the allegations made against Sh. Ravinder
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CWP-20234 of 2026
Kumar have been proved and he has been convicted by the
L'd Court, Accordingly. The allegation in the present case
are in regard to demand of bribe for clearing of bills of
payment to the contractor, which relates to misconduct in his
official duty also and the punishment has confirmed the
conduct of Sh. Ravinder Kumar. Judgements of Hon’ble
High Court in CWP no. 24683 of 2019 (Suresh Kumar vs
State of Punjab decided on 23.09.2024, the offence u/s 506
of IPC and judgement of CWP no. 2209 of 2016 (Om
Parkash Vs State of Haryana) office u/s 304-A of IPC have
their own facts and circumstances, whereas, in factual
position of this case, there are specific allegation of demand
of bribe and conviction has also been awarded on the
charges. So, these judgment cannot be applied in present
case.
8. The Article 311(2) of the Constitution of India read with
Rule 13 of the Punjab Civil Service (Punishment and
Appeal) Rules, 1970 along with rule 12 of the Punjab
Municipal Services (Recruitment and Conditions of Service)
Rules, 1975 (Amended upto 2022) empower the competent
authority to dismiss an employee convicted by a competent
authority without following any inquiry/investigation. In
present case, punishment of five years has been awarded to
Sh. Ravinder Kumar on charges of demanding bribe for
clearing of bills, which lead to creation of a situation, that
a person has committed suicide. So, there is sufficient
ground and reasoning for awarding of punishment of
Dismissal from service. The orders of Director are correct
and valid as per facts of the case itself.
9. So far as the ground of limitation is concerned, the appellant
himself has stated that he got bail on 30.05.2022 and he
spent time in trying to get stay on conviction and
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CWP-20234 of 2026
entertainment of the appeal by the Hon’ble Punjab and
Haryana High Court. But, after his bail on 30.05.2022,
appellant was having ample time to approach the appellant
authority by filing appeal, but Sh. Ravinder Kumar first time
preferred appeal on 16.06.2025 after lapse of three years of
his release from the jail. The appellant has not explained
any reason for his failure to file appeal during 30.05.2022 to
16.06.2025, nor, he has mentioned any ground in his appeal.
It is settled law that the appellant must explain the sufficient
reasons for his failure to file the appeal before the appellant
authority and each day delay is required to be explained.
But in present case, the appellant is silent about this period
of three years. So, the case of the petitioner can also not be
considered on the basis of delay and laches. A three-Judge
Bench of Hon’ble Supreme Court in Govt. of W.B v. Tarun K. Roy (2004) 1 SCC 347, wherein it has been opined:
“34. The respondents furthermore are not even entitled
to any relief on the ground of gross delay and laches on
their part in filing the writ petition. The first two writ
petitions were filed in the year 1976 wherein the
respondents herein approached the High Court in 1992.
In between 1976 and 1992 not only two writ petitions
had been decided, but one way or the other, even the
matter had been considered by this Court in Debdas
Kumar 1991 Supp (1) SCC 138, (1991) 17 ATC 261.
The plea of delay, which Mr Krishnamani states, should
be a ground for denying the relief to the other persons
similarly situated would operate against the
respondents. Furthermore, the other employees not
being before this Court although they are ventilating
their grievances before appropriate courts of law, no
order should be passed which would prejudice their
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CWP-20234 of 2026
cause. In such a situation, we are not prepared to make
any observation only for the purpose of grant of some
relief to the respondents to which they are not legally
entitled to so as to deprive others therefrom who may
be found to be entitled thereto by a Court of law.”
10. Further, the the judgment rendered by this Court in CR
No.2886 of 2014 titled as ‘Babu Ram Vs. Rajesh’ decided on
04.05.2017 and the judgment rendered by the Division
Bench of this Court in CWP No.6938 of 1993 titled as ‘M/s
Sthaneshwar Handmade Papers PCIS Ltd. Vs. State of
Haryana’ decided on 27.01.1994, do not come to rescue the
appellant on the delay caused in present case, as the Courts
in these cases have considered the good/sufficient cause. But
petitioner has not given any cause for delay of 3 years from
his bail, so, no benefit of these judgements can be given to
the appellant.
In light of aforementioned discussion, it is explicit
that the punishment has been awarded to the appellant on
the ground of suicide committed by a contractor, with the
allegation of demand of bribe for clearance of bills. The
allegations lead to conviction for 5/2 years Rigorous
Imprisonment and there is an application of stay on
conviction by the appellant, but the same has not been
decided yet and is fixed for 02.09.2026. But, the order no.
SA6-DLG-Estt-2022/23 dated 01.02.2022 passed by the
Director, Local Government being competent authority of
Junior Engineer(Civil) are well supported by the provisions
of the law and valid and uphold, accordingly to above
discussions. ”
xxx xxx xxx xxx
7. The directions issued in the abovesaid order dated
08.12.2025, passed in CWP-30394 of 2025, are crystal clear to the
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effect that this Court, while allowing the abovesaid writ petition, has
directed the Appellate Authority in two-fold manner, which is as under:-
(a) to reconsider the application for condonation of delay
on the basis of the grounds mentioned therein; and
(b) to reconsider the merits of the appeal as well and to
pass a fresh order after affording an adequate
opportunity of hearing to the parties within stipulated
period of three months.
8. The facts are not in dispute that the first order dated
25.07.2025 (Annexure P-8), passed by the Appellate Authority, whereby
the appeal of the petitioner was rejected only in the ambit of period of
limitation, was a non-speaking order and only, therefore, the same was
set aside by this Court, vide order dated 08.12.2025, passed in CWP-
30394 of 2025. However, a perusal of the impugned order dated
11.06.2026 (Annexure P-11) shows that the same has been passed by
the Appellate Authority after considering each and every fact as well as
the circumstance concerning the merit of the appeal preferred by the
petitioner, whereby due weightage and consideration has been given to
the conviction order dated 08.11.2021; order of dismissal dated
01.02.2022; first order of Appellate Authority dated 25.07.2025; the
issue of delay and limitation involved and besides this other material
facts and circumstances as like demand of bribe by the petitioner for
clearing bills of the victim; complaint moved by the victim against the
petitioner and in counter registration of FIR by the petitioner against the
victim-complainant and his brother and unfortunate suicide of victim –
Prem Nath; have meticulously been examined by the Appellate
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Authority, while passing second order dated 11.06.2026 (Annexure P-
11) and, therefore, finding sufficient ground and reasoning for awarding
punishment of dismissal of service upon the petitioner, the order of
dismissal dated 01.02.2022 (Annexure P-2) has been held to be correct
and valid.
9. So far as the issue of condonation of delay on the basis of
the grounds mentioned in the appeal before the Appellate Authority is
concerned, the issue of delay and laches is a settled proposition of law
and the ratio of the judgements, as discussed here-in-below, shall also
be equally applicable to the statutory appeals adjudicated by the
Appellate Authorities.
10. Hon’ble Supreme Court in Yunus (Baboobhai) A Hamid
Padvekar Vs. State of Maharashtra Through its Secretary and
others : 2009 (2) SCT 24, while referring to the issue of delay and
laches, had held as follows:-
“8. Delay or laches is one of the factors which is to be
borne in mind by the High Courts when they exercise their
discretionary powers under Article 226 of the Constitution of
India, 1950 (in short the ‘Constitution’). In an appropriate
case the High Court may refuse to invoke its extraordinary
powers if there is such negligence or omission on the part of
the applicant to assert his right as taken in conjunction with
the lapse of time and other circumstances, causes prejudice
to the opposite party. Even where fundamental right is
involved the matter is still within the discretion of the Court
as pointed out in Durga
Prasad v. Chief Controller of
Imports and Exports (AIR 1970 Supreme Court 769). Of
course, the discretion has to be exercised judicially and
reasonably.
9. What was stated in this regard by Sir Barnes Peacock
in Lindsay Petroleum Company v. Prosper Armstrong
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CWP-20234 of 2026
Hurde etc., (1874) 5 PC 221 at page 239 was approved by
this Court in Moon Mills Ltd. v. Industrial Courts, (AIR
1967 SC 1450) and Maharashtra State Transport
Corporation v. Balwant Regular Motor Service (AIR 1969
Supreme Court 329), Sir Barnes had stated:
"Now the doctrine of laches in Courts of Equity is not
an arbitrary or technical doctrine. Where it would be
practically unjust to give a remedy either because the
party has, by his conduct done that which might fairly
be regarded as equivalent to a waiver of it, or where
by his conduct and neglect he has though perhaps not
waiving that remedy, yet put the other party in a
situation in which it would not be reasonable to place
him if the remedy were afterwards to be asserted, in
either of these cases, lapse of time and delay are most
material. But in every case, if an argument against
relief, which otherwise would be just, if founded upon
mere delay, that delay of course not amounting to a
bar by any statute of limitation, the validity of that
defence must be tried upon principles substantially
equitable. Two circumstances always important in
such cases are, the length of the delay and the nature
of the acts done during the interval which might affect
either party and cause a balance of justice or injustice
in taking the one course or the other, so far as relates
to the remedy."
10. It would be appropriate to note certain decisions of
this Court in which this aspect has been dealt with in relation
with Article 32 of the Constitution. It is apparent that what
has been stated as regards that Article would apply, a
fortiori, to Article 226. It was observed in R.N Bose v. Union
of India (AIR 1970 Supreme Court 470) that no relief can
be given to the petitioner who without any reasonable
explanation approaches this Court under Article 32 after
inordinate delay. It was stated that though Article 32 is itself
a guaranteed right, it does not follow from this that it was the
intention of the Constitution makers that this Court should
disregard all principles and grant relief in petitions filed
after inordinate delay.
11. It was stated in State of M.P. v. Nandlal (AIR 1987
Supreme Court 251) that the High Court in exercise of
its discretion
does not ordinarily assist the tardy and the
indolent or the acquiescent and the lethargic. If there is
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CWP-20234 of 2026
inordinate delay on the part of the petitioner and such
delay is not satisfactorily explained, the High Court may
decline to intervene and grant relief in exercise of its writ
jurisdiction. It was stated that this rule is premised on a
number of factors. The High Court does not ordinarily
permit a belated resort to the extraordinary remedy
because it is likely to cause confusion and public
inconvenience and bring in its trail new injustices, and if
writ jurisdiction is exercised after unreasonable delay, it
may have the effect of inflicting not only hardship and
inconvenience but also injustice on third parties. It was
pointed out that when writ jurisdiction is invoked,
unexplained delay coupled with the creation of third party
rights in the meantime is an important factor which also
weighs with the High Court in deciding whether or not to
exercise such jurisdiction.
12. In view of the aforesaid position we are not inclined to
interfere in this appeal which is dismissed accordingly.”
11. A two Judge Bench of Supreme Court recently in
‘Mrinmoy Maity Vs. Chhanda Koley and others’ 2024 SCC OnLine
SC 551 has held that High Court ought to dismiss petition on the ground
of delay and laches where there is no explanation of delay. An applicant
who approaches the Court belatedly or in the other words sleeps over
his rights for a considerable period ought not to be granted the
extraordinary relief by writ Courts. Delay defeats equity. High Court
may refuse to invoke its writ jurisdiction if laxity on the part of
applicant has allowed the cause of action to drift away and attempts are
made to rekindle the lapsed cause of action. Multiple communications
cannot create cause of action. The relevant extracts of the judgment are
reproduced as below:
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CWP-20234 of 2026
“9. Having heard rival contentions raised and on perusal
of the facts obtained in the present case, we are of the
considered view that writ petitioner ought to have been
non-suited or in other words writ petition ought to have
been dismissed on the ground of delay and latches itself.
An applicant who approaches the court belatedly or in
other words sleeps over his rights for a considerable
period of time, wakes up from his deep slumber ought not
to be granted the extraordinary relief by the writ courts.
This Court time and again has held that delay defeats
equity. Delay or latches is one of the factors which should
be born in mind by the High Court while exercising
discretionary powers under Article 226 of the Constitution
of India. In a given case, the High Court may refuse to
invoke its extraordinary powers if laxity on the part of the
applicant to assert his right has allowed the cause of
action to drift away and attempts are made subsequently to
rekindle the lapsed cause of action.
10. The discretion to be exercised would be with care and
caution. If the delay which has occasioned in approaching
the writ court is explained which would appeal to the
conscience of the court, in such circumstances it cannot be
gainsaid by the contesting party that for all times to come
the delay is not to be condoned. There may be myriad
circumstances which gives rise to the invoking of the
extraordinary jurisdiction and it all depends on facts and
circumstances of each case, same cannot be described in a
straight jacket formula with mathematical precision. The
ultimate discretion to be exercised by the writ court
depends upon the facts that it has to travel or the terrain in
which the facts have travelled.
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CWP-20234 of 2026
11. For filing of a writ petition, there is no doubt that no
fixed period of limitation is prescribed. However, when the
extraordinary jurisdiction of the writ court is invoked, it
has to be seen as to whether within a reasonable time same
has been invoked and even submitting of memorials would
not revive the dead cause of action or resurrect the cause
of action which has had a natural death. In such
circumstances on the ground of delay and latches alone,
the appeal ought to be dismissed or the applicant ought to
be non-suited. If it is found that the writ petitioner is guilty
of delay and latches, the High Court ought to dismiss the
petition on that sole ground itself, in as much as the writ
courts are not to indulge in permitting such indolent
litigant to take advantage of his own wrong. It is true that
there cannot be any waiver of fundamental right but while
exercising discretionary jurisdiction under Article 226, the
High Court will have to necessarily take into consideration
the delay and latches on the part of the applicant in
approaching a writ court.”
12. This Court in Bal Krishan v. State of Punjab and others,
2012(4) SCT 712 and Tarsem Pal v. Punjab State Power Corporation
Limited and others, 2012(26) SCT 343 has dismissed petitions on the
ground that writ jurisdiction cannot be invoked at the will and
convenience of the litigant. Anyone who claims rights must be vigilant
and he must enforce his rights within reasonable time.
13. Since, no explanation has been given by the petitioner
either in the departmental appeal or in the present petition for not filing
the appeal within stipulated period of 45 days from the date of order of
his dismissal by the punishing authority, therefore, the plea taken by the
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CWP-20234 of 2026
petitioner that after suspension of his sentence by this Court, he was
busy in trying to get his conviction stayed, is not a satisfactory ground
to condone the inordinate delay of 1215 days in filing the departmental
appeal. Further, the present writ petition has been filed after an
inordinate delay of more than four years from the passing of the order of
dismissal from service. Such belated challenge is clearly hit by the
doctrine of delay and laches. The judgment relied upon by learned
counsel for the petitioner is not applicable to the facts and
circumstances of the present case.
14. In view of the above, this Court is of the considered
opinion that there are sufficient grounds and reasons for awarding the
punishment of dismissal from service to the petitioner, who has been
convicted and sentenced to undergo (rigorous imprisonment) for 05
years and, in default of payment of fine, further rigorous imprisonment
for 02 months, for committing the offence of abetment to suicide of a
contractor, namely, Pran Nath Khanna, who, after being subjected to
harassment for almost one year, ended his life, by committing suicide
and even otherwise there is no illegality or irregularity in the impugned
orders and, therefore, the impugned order of dismissal dated
01.02.2022 (Annexure P-2) and order dated 11.06.2026 (Annexure P-
11) are held to be legal, correct and valid and the same do not warrant
any interference of this Court.
Needless to observe here that there is no order of any Court
showing stay on conviction.
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CWP-20234 of 2026
15. In view of the above and the settled legal position, this
Court is of the considered opinion that the present petition is liable to be
dismissed primarily finding no merit and on the ground of delay and
laches as well.
16. Consequently, the instant petition is dismissed, with no
order as to costs.
29.07.2026 (NAMIT KUMAR)
R.S. JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
The High Court of Punjab and Haryana at Chandigarh has recently delivered a significant judgment in the case of Ravinder Kumar vs State of Punjab, bearing the case number CWP-20234 of 2026. This ruling, pronounced on 29.07.2026 by Hon'ble Mr. Justice Namit Kumar, addresses crucial aspects of service law, criminal conviction, and the doctrine of delay and laches. The full judgment and its details are now available on CaseOn, providing valuable insights for legal professionals and students alike.
The petitioner, Ravinder Kumar, challenged the order dated 01.02.2022, which dismissed him from service following his conviction under Sections 306 (abetment of suicide) and 506 (criminal intimidation) of the Indian Penal Code (IPC). He also contested the subsequent order dated 11.06.2026 from the Appellate Authority, which rejected his departmental appeal. The core issue revolved around whether the dismissal from service was legally justifiable given the nature of the conviction and if the delay in filing the appeal should have been condoned.
The Court considered several key legal provisions and precedents:
These judgments consistently emphasize that unexplained and inordinate delay in seeking legal remedies can be a ground for denying relief, as 'delay defeats equity.'
Ravinder Kumar, a Section Officer, was convicted by the Sessions Judge, Hoshiarpur, on 08.11.2021, and sentenced to five years of rigorous imprisonment for charges arising from FIR No.135 dated 31.12.2016. The charges included demanding bribes from a contractor, Pran Nath, for clearing bills and extending threats, which ultimately led to Pran Nath's suicide.
Following this conviction, respondent No.2 dismissed the petitioner from service on 01.02.2022. The petitioner filed a departmental appeal on 16.06.2025, which was initially rejected by the Appellate Authority on 25.07.2025 due to an unexplained delay of 1215 days. Subsequently, the High Court, in a prior petition (CWP-30394 of 2025), directed the Appellate Authority to reconsider the appeal on both delay and merits.
Upon reconsideration, the Appellate Authority again rejected the appeal on 11.06.2026. The High Court, in the present petition, carefully analyzed both the merits of the dismissal and the issue of delay:
For legal professionals analyzing complex rulings like this, CaseOn.in offers invaluable 2-minute audio briefs, allowing for quick comprehension of key legal arguments and judicial reasoning in cases such as Ravinder Kumar vs State of Punjab.
The High Court ultimately dismissed the petition. It found no merit in challenging the dismissal order, concluding that the punishment of dismissal from service was legal, correct, and valid. The Court affirmed that the petitioner's conviction for demanding bribes leading to a contractor's suicide was a severe misconduct justifying dismissal. Furthermore, the petition was also found liable to be dismissed on the grounds of inordinate and unexplained delay and laches in approaching the departmental authorities and the High Court.
This judgment serves as a critical reference for understanding the interplay between criminal conviction and service law, particularly concerning dismissal from government service. It reaffirms the robust application of Article 311(2) of the Constitution in cases of moral turpitude and grave misconduct. For lawyers, it highlights the importance of timely action and providing concrete justifications for any delay in legal proceedings, especially in service matters where the doctrine of delay and laches is strictly applied. Students of law will find this case beneficial for grasping concepts related to administrative law, constitutional law, and the nuances of disciplinary actions based on criminal convictions.
All information provided in this article is for informational purposes only and does not constitute legal advice. Readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances.
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