BHARAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Unsuccessful plaintiff Shri Bharat Singh Ex-police constable has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 15.10.1998 passed by the Court of Additional District Judge, Karnal who affirmed the judgment and decree of the trial Court dated 13.5.1996, which dismissed the suit of the plaintiff.

(2.) The brief facts of the case are that plaintiff was enrolled as a police constable in Haryana Police, in District Hisar on 5.5.1973. It is stated that the plaintiff while posted in Police Lines, Karnal on 12.9.1987 was put on patrol duty at 7.00 P.M. in beat No. 3, Karnal, according to entry in Duty Roster maintained in Police Lines, Karnal but the plaintiff refused to sign the Duty Roster or to perform the patrol duty. Thereupon, an entry to that effect was made in the Rojnamcha and the matter was reported by the Line Officer to the Superintendent of Police, Karnal who ordered for departmental inquiry and Shri Sajjan Singh, Inquiry Officer, held the plaintiff guilty of the aforesaid charge. It is further alleged that Superintendent of Police, Karnal vide order dated 25.8.1988, dismissed the plaintiff from service holding him guilty of refusal to perform the duty. The appeal of the plaintiff was also dismissed by the D.I.G. Ambala Range on 22.8.1989 and the revision of the plaintiff was also dismissed on 10.1.1990 by the Inspector General of Police. The plaintiff has challenged the order of dismissal passed by the punishing authority as well as the orders of the appellate authority and the revisional authority.

(3.) Both the Courts had gone against the plaintiff. Aggrieved by the judgments and the decrees of the Court below, the present Regular Second Appeal has been filed which I am disposing of with the assistance rendered by Dr. Balram Gupta, learned counsel appearing on behalf of the appellant and Ms. Anju Arora, AAG, Haryana, appearing on behalf of the State.