MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) With consent of learned Counsel for the parties this appeal was taken up for final hearing forthwith.

(3.) A short question is involved in the present appeal by grant of special leave. The appellant is the original plaintiff. He was, at the relevant time, working as a Constable under Punjab Police Department. He came to be discharged from service by the impugned order dated 14th February, 1992 which is Annexure P-2 in the paper book. According to the respondent-authorities the said order was an order of simplicitor discharge as per Rule 12.21 of the Punjab Police Rules, 1934. The appellant challenged the said order by filing a civil suit in the court of learned Sub-Judge, lind Class, Jalandhar. The trial court, after recording evidence, came to the conclusion that the impugned order of discharge was not an order of simplicitor discharge, but was by way of penalty and amounted to dismissal of the appellant from service. Consequently, the trial court decreed the suit by order dated 7th March 1995 granting declaration and all consequential benefits to the appellant. This order of the trial court was carried in appeal by the respondent-authorities before the learned Additional District Judge. The learned Additional District Judge, Jalandhar, by order dated 1st April, 1997, dismissed the appeal of the respondent-authorities and confirmed the judgment and decree of the trial court in favour of the appellant. That resulted into a second appeal by the respondents before the High Court. The learned Single Judge of the High Court by the impugned judgment allowed the Second Appeal and took the view that the impugned order of removal was of discharge simplicitor under Rule 12.21 of the Punjab Police Rules. Consequently, it was not necessary for the authorities to follow the gamut of departmental enquiry as enjoined by Rule 16.24 of the said Rules and that the order did not cast any stigma on the appellant and that as admittedly he has not completed three years' of police service Rule 12.21 could be invoked by the authorities.