PUNJAB STATE Vs. GURDEV SINGH

JUDGEMENT

(1.) The then plaintiff now respondent, ex-constable-Gurdev Singh, joined the Punjab Police Department as Special Police Officer (SPO) on 2/12/1993 in Jalandhar District and was allotted No.5222/Jalandhar. It is during the course of time, an FIR No.565 dtd. 22/8/2001 under Ss. 323, 324 and 427 read with Sec. 34 of the Act was registered against him and others in Police Station Sadar, Jalandhar on the complaint of one, Amritpal.

(2.) The plaintiff was subsequently acquitted vide judgment/order dtd. 20/11/2001 by the Court of the learned Additional Chief Judicial Magistrate, Jalandhar. Subsequently, in line with the policy of the State on the directions of the Director General of Police, Punjab vide letter No.2445/CB-PC dtd. 15/2/2007, the plaintiff was absorbed in the Police Department as a regular Constable and vide letter No.1355/E-1(2) dtd. 18/1/2008, Gurdev Singh was absorbed as a regular Constable in the Police Department and enlisted so under Belt No.1024 in 80th Battalion of PAP Jalandhar with effect from 7/2/2008 on the order of the Additional Director General of Police Armed Battalion, Jalandhar.

(3.) It is subsequent thereto, a notice bearing No.22160/AC dtd. 5/10/2009 was issued by the Commandant 80th Battalion PAP asking the plaintiff to show cause why he be not discharged from service. The said notice was based on the premise that while working as an SPO, he was involved in a criminal case. In spite of reply having been submitted by the plaintiff and highlighting the facts that he stands acquitted in the said case, the plaintiff was dismissed from service vide order bearing letter No.10092-102/AC-Court dtd. 12/2/2010 issued by the Commandant of the Battalion. The Departmental appeal too was dismissed by the DIG vide order dtd. 25/6/2010.