MASSA SINGH EX. CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Due to outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing.

(2.) The appellant was recruited as a Constable in Punjab Police on 8/12/1988. During his posting in Police Lines, Hoshiarpur, the plaintiff proceeded on sanctioned leave from 5/10/1990 to 8/10/1990. During the course of his leave on 7/10/1990, the complainant fell ill and remained under medical treatment and applied for extension of his leave till 3/1/1991.

(3.) Upon return to his duty, he was on 3/1/1991 not allowed to join and was intimated the factum of his discharge from service by order dtd. 12/11/1990. The plaintiff then filed a representation before the DIG, Jalandhar, which was rejected vide orders dtd. 19/4/1991. It is after adopting due process of law, the plaintiff preferred a suit for declaration that the order dtd. 29/4/1991 passed by the DIG, Jalandhar Cantt., whereby, his representation dtd. 28/11/1990 was declined, sought setting aside of the same terming it to be illegal malafide against the Punjab Police Rules and hence the relief. The stand of the defendant was of total denial claiming that since, the plaintiff's service was three years and finding him unlikely to prove an efficient police official and based upon his overall assessment and close supervision stood discharged in terms of Punjab Police Rules 12.21 for his willful absence and termed the orders of the DIG to be legal and valid enforceable one. Upon replication, Trial Court framed the following issues:-