STATE OF PUNJAB Vs. PRAGAT SINGH

JUDGEMENT

(1.) AGGRIEVED against the judgment passed by the trial Court as well as by the First Appellate Court, the State has filed this present Regular Second Appeal. The issue involved relates to discharge of respondent-plaintiff, Pargat Singh, who was enrolled as Constable in Punjab Police on 19.10.1981. While undergoing training as a recruit, he received intimation on 5.4.1982 that his grandfather was ill. He applied for leave, which was declined. Despite that, he left the place of training to see his grandfather. As per the respondent- plaintiff his grandfather remained under treatment from 7.4.1982 to 16.4.1982 and he accordingly joined back his training on 18.4.1982.

(2.) ON 30.04.1982, the appellant discharged the respondent-plaintiff from service under Rule 12.21 of Punjab Police Rules (hereinafter referred to as 'Rules') on the ground that he was not likely to prove an efficient police officer. The period of absence from 5.4.1982 to 18.4.1982 was directed to be treated as leave without pay. He accordingly challenged this order on the ground that he was not afforded any opportunity of hearing before passing the order of discharge.

(3.) THE trial proceeded on the following issues: