STATE OF PUNJAB Vs. MANOHAR LAL

JUDGEMENT

(1.) THIS appeal by special leave is against the judgment and decree passed in Regular S.A. No. 2868 of 1980 by the High Court of Punjab & Haryana whereby the appeal was dismissed.

(2.) THE respondent, Manohar Lal who was at the relevant time working as Sub-Inspector in the Police Line, Gurdaspur was compulsorily retired by Order No. 9754-B dated 24-9-1975 issued by Shri M. M. Batra, Senior Superintendent of Police, Gurdaspur, in public interest. THE said order of compulsory retirement has been challenged by the respondent by filing a suit being case No. 86 of 1977 praying for a declaration that the aforesaid order of compulsory retirement is illegal, mala fide, unconstitutional, against the rules of natural justice and the plaintiff-respondent shall be deemed to be in service of the Punjab State to the post of Sub-Inspector till his retirement at the age of 58 years i.e. on 13-2-1981. THEre is also a prayer for a direction to the defendant-appellant for payment of the balance of the salary for the period from 5-9-1974 to 23-9-1975 i.e. the suspension period after deducting therefrom the subsistence allowance paid by the defendent and also the increment that has accrued to him under the rules from time to time during that period. This amount was stated to be Rs. 3,446.00 for the said period. THE said suit was heard by the Subordinate Judge, Gurdaspur who by his order dated 27th Jan, 1979 held that the impugned order was not passed at the instance of Sardar Harjit Singh Ahluwalia, Deputy Inspector General of Police nor the same was vitiated by malice or any mala fides. It was further held that the order was made innocuously by the Senior Superintendent of Police in public interest in accordance with the provision of Punjab Civil Services (Premature Retirement) Rules, 1975. THE Subordinate Judge also held that so far as the pay for the period of suspension is concerned the plaintiff was entitled to have recovery of Rs. 3,446.00 as arrears of pay during the suspension period. THE suit was accordingly decreed in part. Against the said judgment and decree two appeals were filed, one by the plaintiff-respondent Manohar Lal being C.A. No. 169/308 of 1979 and another by the State of Punjab registered as C.A. No. 170 of 1979 and 12 of 1980. Both these appeals were heard together and were disposed of by a common judgment by the Additional Sessions Judge, Gurdaspur. Decreeing the Civil Appeal No. 169/308 of 1979 it was held that the order of compulsory retirement was made by an officer namely Senior Superintendent of Police, Gurdaspur who was below the rank of Inspector General of Police who is the appointing authority of the petitioner. It was also held that the judgment and decree as regards the payment of the balance of emoluments during the period of suspension after the reinstatement of the petitioner, was legal and valid and the said decree was affirmed and the appeal was allowed decreeing the suit. In that view of the matter the appeal filed by the State was dismissed. Against the said judgment and decree the State of Punjab preferred the instant appeal being R. S. A. No. 2868 of 1980 before the High Court of Punjab and Haryana. THE High Court dismissed the said appeal and affirmed the judgment and decree of the lower appellate Court. Against this judgment and decree the present appeal was filed before this Court with an application for special leave under Art. 136 of the Constitution.

(3.) THE relevant excerpt of Rule 12.1 is quoted herein below :-