STATE OF PUNJAB Vs. AMAR SINGH

JUDGEMENT

(1.) The present Regular Second Appeal, filed by the State of Punjab and others, is directed against the judgment and decree passed by the Additional District Judge, Patiala, dated 26.7.1983 whereby the appeal filed by the respondent was accepted his suit decreed and the judgment and decree passed by the trial Court dated 14.10.1982 set aside.

(2.) Challenge in the suit was to the order of retirement dated 22.4.1975 as also the order dated 4.8.1978 vide which the representation made by the respondent was rejected. The respondent sought a declaration that the aforementioned orders were illegal, ultra-vires, unconstitutional void and malafide.

(3.) Respondent-Amar Singh joined the police force as a constable on 24.1.1948. In 1949 he was promoted as a Head Constable, in 1963 as an Assistant Sub Inspector and in 1965 as a Sub Inspector. In the year 1971, the respondent was reverted to the post of I lead Constable. The aforementioned reversion was impugned by the respondent, pursuant to a writ petition filed in this court which was allowed vide order dt. 13.1.1975. The order of reversion was quashed and the respondent was restored to the status of a Sub Inspector. Thereafter, vide order dt. 24.4.1975, the respondent was compulsorily retired on attaining the age of 55 years. The representation against the order of retirement was rejected on 4.8.1978 hence the suit.