SURJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE Plaintiff is in appeal. He filed a suit for declaration. It was claimed by him that he was recruited as a Constable with the Punjab Police Force in July, 1989. There was no complaint against him. Due to some unaboidable circumstances and due to some reasons beyond his control, he remained absent from duty for some time. An order dated 4th May, 1991 was passed by the Senior Superintendent of Police, Tarn Taran, whereby the Plaintiff was ordered to be discharged from Police Force under Rule 12.21 of the Punjab Police Rules, 1934 (hereinafter referred to as 'the Rules'). The plaintiff complained that before inflicting the aforesaid extreme punishment, he was not heard. No inquiry was held and no show cause notice was served upon him. Defendant No. 3, Senior Suprintendent of Police, had recorded that Plaintiff was unlikely to prove an efficient police official. According to the Plaintiff, the aforesaid observation was stigmatic in nature and, therefore, the order of his discharge was not valid. It was further maintained by the plaintiff that the order of his discharge was passed on the basis of his absence from duty and, therefore, since it was being based upon an alleged misconduct of the plaintiff , the procedure for holding an inquiry should have been followed. A revision petition was filed by the Plaintiff to the Inspector General of Police, Border Range but its fate was also not known. With these averments, the Plaintiff approached this Court to declare the order dated 4th May, 1991 as illegal, bad, null and void and not binding upon his rights.

(2.) THE Defendants contested the suit. Besides claiming that the suit was barred by limitation, they also maintained that the order passed by the Senior Superintendent of Police on 4th May, 1991 was absolutely legal and valid. It had been found that the Plaintiff was unlikely to prove a good police official and since he was a temporary government employee having less than three years of service, therefore, the order was passed.

(3.) THE Senior Superintendent of Police, Tarn Taran, while considering the aforesaid wilful absence from duty of the Plaintiff, ordered his discharge from service exercising his powers under Rule 12.21 of the Rules. Order dated 4th May, 1991 was passed as Ex.P.l.