THE STATE OF PUNJAB Vs. GURMIT SINGH

JUDGEMENT

(1.) This is defendants' Regular Second Appeal against the judgment of the Courts below.

(2.) Briefly stated, Gurmit Singh, a Constable with PAP Jalandhar Cantt. filed a suit for declaration to the effect that the order dated 28.2.1983 passed by the Commandant whereby his three years approved service was forfeited with permanent effect and the order passed by the Inspector General of Police were illegal and void. As per averments made in the plaint, it was the case of the plaintiff that he joined his service as a Constable on 10.5.1978 with PAP Jalandhar Cantt. It was further averred that after successful completing his course he was posted with 75th Battalion, PAP, Jalandhar, and his work and conduct had remained satisfactory; that on 4.10.1982 he had some pain in the stomach and so took medicines from a doctor; that SI Harminder Singh paid a visit at the guard when one Joginder Singh resident of P& T Colony made a written complaint against the plaintiff alleging misbehaviour under the influence of liquor. Departmental enquiry was taken against him and on completion of enquiry vide order dated 28.2.1983 three years approved service of the plaintiff was forfeited vide orders of the Commandant, PAP. It is this order which was challenged being illegal and void, against the principles of natural justice and also having been passed without affording him any opportunity to defend. The plaintiff further urged that the punishment imposed besides being harsh was not in consonance with the rules governing him, that is, no permission having been sought under Rule 16.38 of the Punjab Police Rules, the orders suffer from this infirmity and are liable to be set aside on this ground alone.

(3.) The defendants put in appearance, controverted the various averments made in the plaint and further alleged that the plaintiff, in fact, had misbehaved with Joginder Singh, an employee of P & T under the influence of liquor and so the punishment was legal and in accordance with law.