STATE OF PUNJAB Vs. DALBIR SINGH

JUDGEMENT

(1.) Dalbir Singh, who was serving as a Head Constable with the Punjab Police filed a suit for declaration impugning the order dated 27.6.1986 passed by the Senior Superintendent of Police, Amritsar dismissing him from service in terms of invoking the power under Article 311 sub clause (2) of the Constitution of India thereby dispensing with the regular departmental inquiry as contemplated under the police rules. Plaintiff further impugned the orders dated 30.9.1986 and 13.6.1987, whereby his appeal as also revision has been dismissed by the Additional Deputy Inspector General of Police, Jallandhar Range, Jallandhar and Inspector General of Police, Punjab respectively.

(2.) The Trial Court vide judgement and decree dated 3.6.1992 decreed the suit filed by the plaintiff and held the orders dated 27.6.1986, 30.9.1986 and 13.5.1987 to be illegal and set aside the same thereby holding the plaintiff to be entitled to all the consequential benefits. However, liberty was granted to the competent authority to initiate regular departmental proceedings against the plaintiff in accordance with the provisions of law.

(3.) A civil appeal preferred by the State of Punjab was dismissed by the Additional District Judge, Amritsar vide judgement dated 19.8.1993 thereby affirming the judgement and decree passed by the Trial Court. Resultantly, the State of Punjab is in second appeal before this Court.