STATE OF PUNJAB Vs. ASI GURMUKH SINGH

JUDGEMENT

(1.) RESPONDENT-plaintiff was proceeded against with the allegation that on the intervening night of 18/19.9.1985, he kept a woman (whose identity was never established) in his residential premises for an immoral purposes. The second charge against him was that he had occupied Government accommodation but at the same time had obtained house rent allowance also.

(2.) IN the preliminary enquiry, both the charges were proved and the Enquiry Officer gave a report on 12.10.1985, recommending that reference be made to the district Magistrate for sanction under rule 16.38 (i) of Punjab Police Rules. The matter was referred to District Magistrate, who passed the following order:

(3.) THE enquiry was subsequently got conducted by an Enquiry Officer appointed by Assistant Inspector General of Police, Railways, Punjab vide letter No.2133/AC-1 dated 8.2.1986. THE charges against the respondent-plaintiff were proved in the said enquiry. A show cause notice proposing penalty of reduction in rank to the post of Head Constable was thereafter issued to the respondent-plaintiff. Ultimately, Assistant Inspector General, Government Railways Police, Punjab, passed an order on 6.8.1987, forfeiting three years approved service of the respondent-plaintiff on permanent basis. Respondent-plaintiff filed an appeal against this order, which was rejected by the Inspector General of Police on 3.5.1988. THEreafter, the respondent-plaintiff had filed a suit, challenging the order dated 6.8.,1987 and 3.5.1988 on various grounds. THE material ground of challenge was that no sanction was obtained under Rule 16.38 (1) of the Police Rules, which was the essential requirement under law. Subsequently, however, a different plea appears to have been pursued by saying that the District Magistrate had directed the enquiry be conducted by a Gazetted Police Officer to be appointed by Deputy Inspector General of Police, Railways but the Enquiry Officer was appointed by the Assistant Inspector General of Police, Railways, which was illegal vitiating the enquiry as such.