STATE OF PUNJAB Vs. JASWANT SINGH

JUDGEMENT

(1.) In the present appeals, respondent Jaswant Singh was recruited as a constable with Punjab Police. During probation, he was discharged from the services by Senior Superintendent of Police, Amritsar (hereinafter referred to as "S.S.P.") in exercise of power under Rule 12.21 of Punjab Police Rules, 1934 (hereinafter referred to as "PPR"). Challenging the same, the respondentplaintiff filed a suit, which was partly decreed by the Trial Court and the discharge order was held to be illegal on the ground that it was passed in violation of the principles of natural justice.

(2.) Assailing the same, the appellants/State preferred first appeal before Additional District Judge, Amritsar. Simultaneously, the respondent-plaintiff also filed a first appeal and sought relief of mandatory injunction on the ground that since the order discharging him from services was not found legally sustainable, therefore, he should be allowed to join duty and should be granted all the consequential benefits. The first appellate Court by common judgment dismissed the appeal filed by State and allowed the appeal of the respondent-plaintiff holding him entitled to receive all service benefits as accrued.

(3.) Challenging the common judgment passed by the first appellate Court, two regular second appeals were filed before the High Court by the State Government. The first one was against the judgment in their appeal passed by the first appellate Court and the second was against the grant of mandatory injunction granting all service benefits to the respondent-plaintiff. Both the appeals were dismissed by the impugned judgment, against which the present appeals have been filed.