CONSTABLE HARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing this petition, petitioner Constable Harinder Kumar seeks quashing of order (Annexure P-6) vide which he was dismissed from service on 6.3.1995. Subsequent relief of continuity of service with all consequential benefits, has also been sought. Case of the petitioner put in brief is as under:

(2.) Challenging his dismissal order to be illegal, ultra-vires the Constitution of India, mala fide, null and void and against the principles of natural justice, the petitioner has sought its quashing. Taking plea of false implication at the hands of Smt. Gaijo who had been rounded up by him on the orders of Superintendent of Police (Operation), Sangrur in the discharge of his duties, it is claimed that dispensing with an enquiry for dismissal of service of the petitioner was neither in consonance with the provisions of law nor was factually correct. It is averred that order of dismissal was passed on the note of a subordinate official without applying his mind by the Senior Superintendent of Police, Sangrur which resulted in miscarriage of justice to the petitioner.

(3.) The respondents contested the petition and denied the version of the petitioner, claiming, that father of the petitioner had died on 19.8.1970 and thus the death anniversary could not fall on 12.4.1994. It was explained that the petitioner joined a gang of chain-snatchers and pickpockets of Sainsi tribe hailing from District Sangrur and Patiala and then visited Haridwar on the day of Baisakhi for commission of the crime. It is averred that the petitioner and other accused were apprehended while attempting to commit robbery and Sequelly, a case under Section 398 and 401 IPC read with Section 25 of the Arms Act, 1959 was registered vide F.I.R. (Annexure R-2). Claiming entire version of the petitioner to be a concocted one, dismissal of the petitioner from service is claimed to be valid, legal and constitutional. With these averments, dismissal of the petition has been sought.