MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition against order of dismissal passed by S.P. on 8th April 1968 as affirmed by D.I.G. by his order dated 20.11.1968 and by the I.G. Police by his order dated 14 1.69 and the further order of Lt. Governor conveyed by memo dated 7.11.69 rejecting the representation of the petitioner.

(2.) This case is off shoot of what is commonly known as 'Policemen Agitation' which took place in April 1967. It appears that a large number of policemen abstained from work ; many of them were suspended and against many of them criminal cases were filed. The petitioner who had joined as a constable was at that time working as an Offg. Head Constable as per the counter-affidavit filed by the respondent. On 27.1.1968 the petitioner was charged as follows :-(...)......

(3.) The petitioner denied the allegations, and enquiry was held, the Enquiry officer found that petitioner was collecting funds at the time when pay was being disbursed to the police personnel. He found the charges proved against him. Show cause was issued to the petitioner by Superintendent Of Police, and he also found that the charges against the petitioner were true inasmuch as by collecting funds he violated Rule 14.25(4) and Rule 12 of the P.P.R. and D.C.S. (c) Rule 1964 respectively. He also found that the disobedience of the order of the superior Officer amounted to gross misconduct and cannot be tolerated in a discipline force on whose shoulder the responsibility of the security of the country lies. He, therefore, passed an order of dismissal on 8th April 1968. The Petitioner's further appeal and revision and representation failed, as mentioned above. This has brought the petitioner to this Court asking for quashing of the impugned orders,,