MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.W.Ps. No. 7008 of 1990 - Mohinder Singh and others v. State of Haryana and others, 1991 1 SCT 621and 8026 of 1990 - Vijay Kumar v. State of Haryana and others, involving identical questions of law and facts. For the purposes of order facts have been picked up from C.W.P. No. 7008 of 1990.

(2.) The undisputed facts of the case are that the petitioners were recruited as Constables on 6/7.3.1990 in the 5th Battalion of Haryana Armed Police Force, Madhuban. The persons serving in the Haryana Armed Police are transferable in the Police Department either at the Headquarter or anywhere in the field in the State. All the petitioners were recruited as they fulfilled the requisite qualifications regarding physical fitness and educational qualifications etc. But to the petitioners' great dismay, respondent No. 2 passed an order on 19.4.1990 terminating the services of the petitioners. The petitioners are aggrieved against the said order.

(3.) The stand of the petitioners is that since they were recruited by a competent authority, there was no material whatsoever on the basis of which their services could be terminated. On the other hand, the stand of the respondents is that 15 Head Constables were transferred to various districts by the Deputy Inspector General, Haryana Armed Police vide order dated 3.12.1989. This was done in response to the Director General of Police, Haryana's order dated 29.12.1989. However, these police officers were not absorbed in the Districts due to lack of vacancies. Meanwhile, 49 constables including the petitioners were recruited as Constables and the repatriated officials were ordered to be adjusted in the manner incorporated in Deputy Inspector General, Haryana, Armed Police's letter dated 14.4.1990. The case of the respondents is that the petitioners were terminated on administrative reasons due to lack of vacancies.