LAWS(P&H)-2010-11-783

DEV RAJ Vs. STATE OF PUNJAB AND OTHERS

Decided On November 29, 2010
DEV RAJ Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 12.8.1999 (Annexure P-10), passed by respondent No. 3 i.e. Commandant, Police Recruits Training Centre, Jahan Khelan, District Hoshiarpur, and order (Annexure P-12), passed by respondent No. 2 i.e. Director, Punjab Police Training Academy, Phillaur, District Jalandhar.

(2.) A perusal of the order (Annexure P-10), indicates that on observance of work of petitioner as Carpenter, it was observed that he had no knowledge of job of Carpenter. The order further notices that the petitioner had worked for 7 years, however, had not tried to learn the work. The petitioner was qualified till Class I. The order also mentions that the petitioner is a handicapped person, afflicted by Polio, on account of which he cannot do work with precision. A Committee of 3 officers was constituted, which furnished a report to the effect that the petitioner had been recruited on 7.8.1992 by Shri G.S. Shahi, who earlier was the Commandant, however, without following service rules. A notice dated 4.8.1999 was served on the petitioner to show cause as to why he be not dismissed. Personal hearing was also given to the petitioner. In nutshell, order (Annexure P-10) mentions that because the petitioner is not fit to serve as Carpenter, he is dismissed from service with immediate effect.

(3.) It appears that the petitioner carried an appeal, which has been dismissed vide order (Annexure P-12). The facts, as noticed in order (Annexure P-10), have been re-noticed in order (Annexure P-12).