Punjab loses appeal against pension benefits for dismissed head constable

Patiala: A Gurdaspur court has dismissed the Punjab govt's appeal against a lower court order granting pensionary benefits to a former head constable who was dismissed from service after an FIR was registered against him in 2011 but was acquitted in the case eight years later.Former head constable Pankaj Kumar was dismissed from service on Aug 16, 2011, after Punjab Police invoked Article 311(2)(b) of the Constitution, dispensing with a departmental inquiry on the ground that it was not "reasonably practicable" to conduct one. He was acquitted of all charges by a Mansa court in 2019.Despite his acquittal, the department rejected his plea for reinstatement. During the proceedings, the court observed that the department had failed to record valid reasons for bypassing a regular departmental inquiry and described the dismissal orders as "cryptic" and legally unsustainable.The court further noted that other police personnel named in the same FIR had been reinstated after their acquittal and held that denying similar relief to Kumar amounted to discrimination and violated Article 14 of the Constitution.Advocate Puneet Sharma, counsel for the petitioner, said the additional district judge upheld the trial court's order setting aside the dismissal and ruled that Kumar was entitled to pensionary benefits on a par with other reinstated employees. The court also directed the department to pay arrears with 6% annual interest, compounded annually, from the date of dismissal till his retirement on Oct 6, 2023.Dismissing the state's appeal with costs, the court directed the authorities to process the pensionary benefits without delay.