STATE OF PUNJAB Vs. DEVINDER PAL

JUDGEMENT

(1.) ONE Devinder Pal was Constable in 75th Battalion of the Punjab Armed Police (P.A.P.) since 10.10.1990. He was inducted as full fledged Constable after he had successfully completed recruits' course from the Regional Training Centre, P.A.P. Jullundar Cahtt. Vide Daily Diary Report No. 16 dated 13.7.1993 reported at 3.30 P.M., he was deputed to R.T.B.P. Academy, Mussourie for undergoing Karate course. On account of heavy rains and floods, there was disruption in train services. He reached R.T.B.P. Academy, Mussourie on 1.8.1993. He was not allowed to join the Karate course, which had already started on 12.7.1993. On his way back from Mussourie, he fell ill and he went straight to his village for treatment. He applied for leave on medical ground. Orders passed on his application were never conveyed to him. He was treated as absent from duty from 13.7.1993 to 18.11.1993 and was ordered to be tried departmentally. Shri Mohan Singh Parmar, Deputy Superintendent of Police conducted the enquiry against him which was in contravention of the provisions of law, service rules and principles of natural justice. He was placed under suspension with effect from 11.3.1994. Enquiry Officer returned a finding of guilt against the plaintiff. He was dismissed from service vide order dated 21.4.1994 passed by Commandant 75th Battalion of P.A.P. Jullundar Cantt. 128 days' period during which he allegedly remained absent, was ordered to be treated as non -duty period and copy of the order dated 21.4.1994 was never supplied to him. On these allegations, Devinder Pal filed suit for declaration against the State of Punjab whereby he challenged order dated 21.4.1994, dismissing him from service and also ordering 128 days' period as non -duty period.

(2.) IT was prayed that he is entitled to all rights, privileges and other service benefits attached to the post as if he was never dismissed from service. He also prayed for the grant of mandatory injunction directing the State of Punjab to reinstate him with all consequential benefits.

(3.) ON the pleadings of the parties, the following issues were framed : -