PUNJAB STATE Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) This is State's regular second appeal against the judgment of reversal dated 16.05.1996 passed by the Additional District Judge, Amritsar.

(2.) Lakhwinder Singh, plaintiff-respondent (hereinafter referred as 'the plaintiff') joined as temporary constable in Punjab Police on 26.05.1990 and was discharged from service on 12.06.1991 by the Senior Superintendent of Police, Tarn Taran under Rule 12.21 of the Punjab Police Rules, before completion of his probation period. The plaintiff has challenged the order of his termination dated 12.06.1991 on the ground that it being a stigmatic order, was illegal and null & void. He had preferred an appeal before the appellate authority, but the same was rejected on 10.10.1991.

(3.) The suit was contested by the defendants-appellants (hereinafter referred as 'the defendants') on the ground that the Civil Court had no jurisdiction to try the same; the suit was not maintainable; it was pre mature and the suit is barred by the principles of resjudicata. On merits, it was admitted that the plaintiff had joined on 26.05.1990, however, it was stated that he was found habitual absentee. While under training at P.R.T.C. Jahan Khelan, he absented for 35 days. A letter dated 22.02.1991 was written by the Superintendent of Police, Jahan Khelan regarding this fact and recommending his discharge from service under Rule 12.21 of the Punjab Police Rules, eventually he was discharged from service on 12.06.1991, as he was unlikely to prove efficient police official.