JAWAHAR LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner was enrolled as a Constable on 16.8.1989 in District Ferozepur. Vide order dated 22.7.1992, Annexure P-1, he was discharged from Police Force in exercise of powers under Rule 12.21 of the Punjab Police Rules, 1934 (for short, "the Rules"), on the ground that he was found unfit for the job and is unlikely to prove as an efficient police official. This order of discharge was passed by the Senior Superintendent of Police, Ferozepur. The petitioner submitted a representation against this order of discharge to the Deputy Inspector General of Police, Ferozepur Range, which was rejected vide order dated 8.12.1992.

(2.) Both these orders were challenged by the petitioner by filing Civil Suit No.82-1/92 and Civil Suit No.654-1/4.5 dated 28.3.2005. These suits, as filed by the petitioner, were dismissed by the Courts vide judgements dated 12.1.1994 and 1.8.2005 respectively. The petitioner, however, was acquitted by the Judicial Magistrate Ist Class, Ferozepur, in criminal case bearing FIR No.116, dated 11.4.1992, registered against the petitioner under Sections 332, 333, 353, 506, 34 IPC, at Police Station Sadar Ferozepur, vide judgement dated 22.1.2000. On the basis of this judgment, the petitioner preferred a mercy petition before the Inspector General of Police, Bhatinda, which was accepted on 19.4.2006 and the order dated 22.7.1992 passed by the Senior Superintendent of Police, Ferozepur, discharging the petitioner from service, was withdrawn and the period spent by him while he remained out of service was treated as a non-duty period.

(3.) Feeling dis-satisfied with the order passed by the Inspector General of Police, Bhatinda, the petitioner preferred a further mercy petition to the Director General of Police for continuing said period of service as duty period towards pension and increments. The Director General of Police, in exercise of his revisional power, set-aside the order passed by the Inspector General of Police, Bhatinda, vide order dated 29.7.2009 and restored the order passed by the Senior Superintendent of Police, Ferozepur dated 22.7.1992, discharging him from service.