STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) The factual background which has given rise to this appeal is that :

(2.) The respondent who was appointed a Constable on 16.03.1991, was discharged from service with effect from 17th March, 1993 by an order dated March 19, 1993 passed by the Senior Superintendent of Police under the Punjab Police Rule 12.21. Rule 12.21 of Punjab Police Rules, 1934 provides that "a Constable who is found unlikely to prove an efficient police officer may be discharged by the Senior Superintendent of Police at any time within three years of enrolment. There shall be no appeal against the order of discharge under this Rule". The Order of discharge states that "Balbir Singh has been found unlikely to prove to be efficient police officer. Hence he is hereby discharged from service under PPR 12.21 with immediate effect i.e. 17.03.1993." The appeal and the revision filed by the respondent were dismissed by Deputy Inspector General of Police and Director General of Police respectively.

(3.) In a suit filed by the respondent, the civil court held the termination order to be illegal, null and void and set it aside. Respondent was directed to be reinstated in the service with all rights, benefits and privileges. The first appeal filed by the State was dismissed by the Additional District Judge, Patiala and the second appeal by the High Court by the impugned judgment which is under challenge in the present appeal.