PARKASH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Prakash Singh has filed the present petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the order dated December 13, 1993 passed by the Superintendent of Police. Kaithal order dated February 2, 1996 passed by the Deputy Inspector General of Police -respondent No. 3 and the order dated May 30, 2000 passed by the Inspector General of Police (Law and Order). The aforesaid orders have been appended as Annexure P/4 P/6 and P/8 with the present petition, respectively.

(2.) THE case of the petitioner is that he was enrolled as a Constable in Haryana Police on April 3, 1973. Subsequently, because of the petitioner remaining absent, he was dismissed from service by the Superintendent of Police, Yamuna Nagar vide order dated August 27,1991. The petitioner filed an appeal. The aforesaid appeal was allowed by the Deputy Inspector General of Police and the Petitioner was ordered to be re -instated in service. The petitioner after reinstatement joined his duties in District Kaithal on July 17, 1992.

(3.) THE case of the petitioner is that after he joined back service in District Kaithal on his lnstatement an enquiry which had been ordered prior to his dismissal was again started for the period of absence for 36 days i.e. from 22 -7 -1991 to 27 -8 -1991. The petitioner has averred that this enquiry was started vide order dated August 22. 1991 passed by the Superintendent of Police, Yamuna Nagar. On that basis, the petitioner had averred that whereas orders for initiation of enquiry were passed by the Superintendent of Police, Yamuna Nagar on August 22 1991, the charge against him in the aforesaid enquiry was with regard to his absence from duty for the period from July 22 1991 to August 27 1991. On that basis, the petitioner had averred that apparently the order has been passed mechanically inasmuch as on August 22, 1991 i. e. the date of initiation of the enquiry it could not be anticipated that he would remain absent upto August 27, 1991.