STATE OF PUNJAB AND OTHERS Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The respondent filed a suit for declaration to the effect that order of discharge from service dated 3.5.1990 w.e.f. 30.4.1990 was void as no opportunity of hearing was given to him.

(2.) The appellants contested the suit stating that the respondent-plaintiff was appointed as a temporary constable on 30.11.1989 and he was discharged from service under Rule 12.21 of the Punjab Police Rules, 1934 (for short, the Rules) on an assessment that he was not likely to prove an efficient police officer. Such an order could be passed within three years of enrollment without any opportunity. As regards the contention that the order was arbitrary, it was observed that the plaintiff had been convicted on 29.9.1981 for an offence under the provisions of the Punjab Excise Act, 1914, though he was released on probation.

(3.) The trial Court decreed the suit. It was observed that on the basis of date of birth given in plaintiff's application for appointment, the accused was only ten years, nine months and eight days of age on the date of the alleged offence dated 23.1.1980 and his trial was without jurisdiction, the same having proceeded before an ordinary magistrate. It may be noted that under Section 27 of the Code of Criminal Procedure, 1973, (for short; the Code), any person below the age of 16 could be tried only by a court of Chief Judicial Magistrate or by a court specially empowered under the Children Act, 1960.