LAWS(P&H)-1991-5-22

EX CONSTABLE RANDHIR SINGH Vs. STATE OF HARYANA

Decided On May 29, 1991
EX CONSTABLE RANDHIR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioners have impugned their order of dismissal from service in this petition under Articles 226/227 of the Constitution of India.

(2.) THE petitioners were enrolled as constables ; that in the year 1986 they were posted at police station, Baroda ; that an FIR was registered at Police Station, Butana against Om Parkash Mahajan ; that the Sub Inspector of Police accompanied by ASI Maha Singh and the petitioners and two other constables went to the spot for investigation of the case ; that Om Parkash Mahajan was asked to surrender before the police but he assaulted the police party ; that the police party assualted the complainant in self defence ; that regarding this incident FIR No. 31 dated 15 4. 1980 was registered at the police station ; that Kalawati also filed a private complaint against SI Jagan Nath and the petitioners under Section 325/34 Indian Penal Code ; that the petitioners were convicted and sentenced for two years R. I. and a fine of Rs. 200/- under Section 325/34 IPC and six months R. I. under Section 323/34 IPC by the the Additional Sessions Judge, Sonepat ; that the appeal filed by the petitioners was dismissed ; that the Superintendent of Police recommended that the petitioners be granted pardon under Article 161 of the Constitution of India; that by order dated September 20, 1986 the petitioners were dismissed from service and they unsuccessfully challenged the order in appeals and revision.

(3.) WRITTEN statement was filed on behalf of the respondents. It was maintained therein that the order of dismissal was perfectly legal and valid. The order was justified under Rule 16. 2 (2) of the Punjab Police Rules.