PUNJAB STATE THROUGH THE SECRETARY TO GOVT. OF PUNJAB, HOME DEPARTMENT, CHANDIGARH Vs. S. BUTA SINGH, EX-CONSTABLE

JUDGEMENT

(1.) PRESENT is a case which will show how the miscarriage of justice has taken place both at the level of the trial Court as well as the first appellate Court.

(2.) STATE of Punjab has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 17.3.1999, passed by the Court of Additional District Judge, Jalandhar, who affirmed the judgment and decree dated 13.6.1997 passed by the Court of Civil Judge (Senior Division), who decreed the suit, of the plaintiff -respondent holding that the impugned order dated 17.3.1994 and the order dated 6.7.1994 are illegal and void.

(3.) NOTICE of the suit was given to the defendants and the stand taken up by the defendants was that a constable can be discharged from service within a period of three years if it is found that the constable would not prove to be a good police officer. It was contended that plaintiff remained absent for 7 days at one time, one day at another and thirty two days on the third time. He was a habitual absentee, therefore, he could not prove to be a good police officer. It was further pleaded by the defendants that Rule 16.24 is not applicable. The order of discharge has been validly passed by the competent authority. With this prayer, the defendants have prayed for the dismissal of the suit.