RAJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After hearing the learned counsel for both the parties and on consideration of the question of law involved in this petition, Special Leave is granted. Arguments heard.

(2.) The appellant petitioner was appointed as a lady constable in Hoshiarpur District on 7-5-1979. After completion of training she was posted in March, 1980 in the police lines, Hoshiarpur. The Superintendent of Police, Hoshiarpur discharged the appellant from service by an order dated 9-9-1980 under R. 12.21, Volume 7 of the Punjab Police Rules, 1934. The said Order is in the following terms :-

(3.) This order was made, it has been stated in the petition, without serving any charge-sheet on her and without asking her to explain any charge. The order also has not recorded any reason for her discharge from service. Against this order the appellant made a representation to the Deputy Inspector General of Police, Jullunder Range. The said representation was rejected on 17-10-1980. The appellant filed a revision against the order of the Deputy Inspector General of Police and the same was also dismissed on 15-4-1981. The appellant thereafter filed a Civil Suit No. 327/ASSJ/82 in the Court of Additional Senior Sub-Judge, Hoshiarpur on 16-11-1981 challenging the order of discharge as bad, arbitrary and against the principles of law. The said suit was dismissed by the Additional Senior Sub-Judge, Hoshiarpur on 28-2-1983. Thereafter, the appellant filed an appeal before the District Judge, Hoshiarpur on 31-10-1983 and it was numbered as Civil Appeal No. 45 of 1983. The said appeal was dismissed on 7-5-1984 and the judgment of the trial Court was confirmed. A Regular Second Appeal No. 2198 of 1984 was filed before the High Court of Punjab and Haryana at Chandigarh. The said Second appeal was dismissed on 10-10-1984. Hence the instant application for grant of special leave to appeal under Art. 136 of the Constitution has been filed in this Honourable Court by the appellant.