STATE OF PUNJAB Vs. KARNAIL SINGH

JUDGEMENT

(1.) THE defendant-appellant has assailed the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and decreeing the suit of the plaintiff respondent for declaration that the order of dismissal from service was illegal in this regular second appeal.

(2.) BRIEF facts : The plaintiff-respondent (hereinafter the plaintiff) joined the Punjab Police Force as a Constable on September 14, 1966; that he was posted as police Constable in Police Lines, Ferozepur in 1983; that he absented himself from March 6, 1983 to April 11, 1983; that a regular departmental equiry was initiated against him and the Superintendent of Police vide his order dated July 13, 1984 ordered his dismissal from service; and that he filed an appeal against the order of dismissal,which was dismissed by the Deputy Inspector General of Police, Ferozepur Range, Ferozepur Cantt. vide order dated August 9, 1984, The plaintiff assailed these orders being illegal and null and void in the civil suit giving rise to this appeal.

(3.) THE defendant-appellant (hereinafter the defendant) controverted the pleas of the plaintiff and maintained that a regular enquiry was conducted according to the procedure prescribed under Rule 16. 24 of the Punjab Police Rules, 1934 (for short, the Rules) and the order of dismissal was legal and valid.