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2001 DIGILAW 366 (SC)

CHAMAN LAL SARAF (dead) by legal representatives v. STATE OF HARYANA

2001-02-14

A.P.MISRA, S.N.VARIAVA

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Order Delay condoned. Heard the learned counsel for the parties. Initially when the SLP itself was filed by the applicant, on the following statement given by the learned counsel appearing for the petitioner the SLP was disposed of: “Since appropriate steps have been taken by the Government of Haryana in this matter and the required action has also been taken against the officers found guilty of dereliction of their duties … in view of these facts it is not necessary to pursue this matter any further keeping in view the attitude of the Government of Haryana to take necessary action itself. The special leave petition is disposed of accordingly.” Subsequently it transpires that a mercy petition was filed by the officer concerned, against whom the action was sought to be taken and was taken by terminating his services was again taken back in service by allowing his mercy petition. This is the cause which led the petitioner to make the present application for the restoration of the aforesaid SLP. When the matter was taken up on the last date this Court passed the following order: “At the request of the learned counsel appearing for the State of Haryana, matter adjourned for one week so as to mend its way.” After that order an affidavit has been filed by one Rajeev Deepak, Assistant District Attorney, Haryana, Legal Cell which annexed the order passed by the Home Department of the Haryana Government which records: “Whereas Shri Ram Phal, Inspector of Police, No. RR/63 who was dismissed from service vide order of the Director General of Police, Haryana dated 27-4-1996 and who was later on reinstated and taken back in service by the State Government vide Letters Nos. 8/47/99-6HG.1 dated 21-1-2000 and 8/47/99-6HG.1 dated 11-12-2000 quashing the order of the Director General of Police, Haryana dated 27-4-1996 and order of the Deputy Inspector General of Police, Rohtak Range, Rohtak dated 29-3-1996. The State Government on reconsideration now has decided that the orders issued vide Letters Nos. 8/47/99-6HG.1 dated 21-1-2000 and 8/47/99-6HG.1 dated 11-12-2000 quashing the order of the Director General of Police, Haryana dated 27-4-1996 and order of the Deputy Inspector General of Police, Rohtak Range, Rohtak dated 29-3-1996. The State Government on reconsideration now has decided that the orders issued vide Letters Nos. 8/47/99-6HG.1 dated 21-1-2000 and 8/47/99-6HG.1 dated 11-12-2000 be withdrawn and in consequence thereof Shri Ram Phal, Inspector of Police, No. RR/63 (officiating as DSP) is, hereby, relieved with immediate effect.” As per this order it seems in view of the last order by this Court the State Government has withdrawn the two orders passed in favour of the officer concerned, namely, the order of reinstatement and the order of dismissal. The learned counsel for the applicant, however, has expressed strong resentment in the manner in which this has happened despite the earlier order passed by this Court as aforesaid. On the other hand the learned counsel for the State states that there would not be any such order in future. However, we make it clear that in future if any order of reinstatement is to be passed it should be passed only after seeking approval of this Court. We are observing this only in view of special facts and circumstances of the case. With the said observations these criminal miscellaneous petitions have been disposed of.