HC SATWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Plaintiff had filed a suit for declaration challenging the order dated 9.7.2003, whereby his five years approved service had been forfeited with permanent effect and order dated 17.9.2003, whereby his appeal was dismissed.

(2.) The case of the plaintiff, in brief, was that he was appointed as a Constable with the defendants and had discharged his duties most effectively, honestly and diligently. A departmental enquiry was ordered against the plaintiff on the allegations that while posted in Police Line Gurdaspur, a TPM was received on 3.11.2000 that under trials lodged in the jail were required to be produced in the Courts at Hoshiarpur and Gurdaspur and proper protection police guards be deputed to escort the under trials. Plaintiff along with other police officials were deputed as protection guards on 7.11.2000 but on 9.11.2002 an information was received that under trials Salim, Raja @ Rajan, Rehman and Fajju @ Kaudu had succeeded in escaping from the police custody while being escorting back from Central Jail, Ludhiana. After the completion of enquiry proceedings, the impugned order was passed, whereby five years approved service of the plaintiff was forfeited with permanent effect. Aggrieved by the same, plaintiff preferred a departmental appeal and the same was dismissed vide order dated 17.9.2003. The enquiry officer had failed to conduct the enquiry as per rules.

(3.) Defendants, in their written statement, averred that the departmental enquiry was conducted as per rules. Plaintiff was supplied with all the relevant documents. A show cause notice was issued to the plaintiff after submission of enquiry report. After considering the reply filed by the plaintiff, the impugned order dated 9.7.2003 was passed by the competent authority.