LAL SINGH(CONSTABLE) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Constable Lal Singh, appellant herein, was visited with the order dated 14.2.1989 forfeiting his two years approved service on temporary basis. He challenged this order by filing Civil Writ Petition bearing No. 3709 of 1992. As he remained unsuccessful in his endeavour in challenging the order aforesaid, he has filed this Appeal under Clause X of the Letters Patent against the order of learned Single Judge dated 20.4.1993.

(2.) Appellant (hereinafter to be referred as 'the petitioner') was recruited on 4.8.1981. It appears that under the provisions of Rule 12.21 of the Punjab Police Rules, 1934, petitioner was discharged from service vide order dated 19.1.1984. He preferred Appeal against the aforesaid order, which was accepted on 28.5.1985 (Annexure P-2). However, for the incident, for which he was discharged, he was charge sheeted on 20.5.1987. The charge framed against him was that he alongwith certain other persons was deputed for duty in District Jalandhar in connection with Dushera festival and was put on guard duty. Under the influence of liquor, he started creating rowdyism and threatened the public with weapon, which he had officially been provided. In the resultant enquiry on the charge aforesaid, charge of rowdyism or threat to public with weapon could not be substantiated. However, he was held guilty of having liquor while on duty. The finding aforesaid resulted into order dated 14.2.1989, vide which two years of his approved service was forfeited on temporary basis. As a result of this order, increments, which were due to him on 1.8.1989 and 1.8.1990, were not released to him. These increments were, however, released with effect from 1.8.1991 vide order Annexure P-4.

(3.) On 28.2.1992, a test, as contemplated under Rule 13.7 of the Punjab Police Rules, 1934 was held to select Constables for being brought on List-B as also for being deputed the said Constables for Lower School Course. Even though petitioner qualified written test, but when he appeared for parade test on 5.3.1992, he was not permitted to take the same. He was told that he was not eligible on the ground that a major punishment had been given to him within a period of three years preceding the first day of January, 1992. Confronted with a major hurdle in his service career of not being deputed to the Lower School Course, the petitioner filed Writ petition, giving rise to the present Letters Patent Appeal, with the result already indicated above.