ASHOK KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner impugns the order dated 24.5.1990 (Annexure P-6) as well as order dated 7.11.1992 (Annexure P-8). He seeks a writ in the nature of Certiorari for quashing the impugned orders, primarily on the ground that impugned punishing order Annexure P-6 was passed by the Superintendent of Police, who did not have any jurisdiction to pass it. Notice of motion was issued and pursuant thereto, written statement was filed on behalf of the respondents. Writ petition was admitted for regular hearing, vide order dated 27.8.1993. That is how, this Court is seized of the matter.

(2.) Learned counsel for the petitioner submits that petitioner was enrolled in service by the Senior Superintendent of Police, but the impugned order was passed by the Superintendent of Police, who was not competent to pass the impugned order. He further submits that present case is squarely covered by the judgment of this Court in State of Punjab v. Gursewak Singh, 2006 1 SCT 402. He prays for allowing the present writ petition, by setting aside the impugned orders.

(3.) On the other hand, learned counsel for the State submits that posts of Senior Superintendent of Police as well as that of Superintendent of Police were in one and the same cadre. She submits that Superintendent of Police cannot be said to be a subordinate officer of the Senior Superintendent of Police. She places reliance on the judgment of the Hon'ble Supreme Court in Union of India v. Jagjit Singh, 1970 AIR(SC) 122 She prays for dismissal of the writ petition.