PUNJAB STATE Vs. BEANT SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decisions of the Courts below decreeing the plaintiff's suit. The plaintiff joined the police service as a Head Constable and at the date of the compulsory retirement was serving as a Sub -Inspector. He was retired compulsorily by the Inspector General of Police, Pepsu, and the order of retirement was communicated to him by the Superintendent of Police, Sangrur, on 13th February, 1956. The plaintiff -respondent treated this order as an order of removal and brought the present suit challenging the same and prayed for a declaration that the orders of the Inspector -General of Police and the Superintendent of Police were illegal and that the plaintiff always continued as a Sub -Inspector of Police and was not legally and compulsorily retired from service.

(2.) THE allegations of the plaintiff were denied and it was stated that the plaintiff was granted pension by the Inspector -General of Police for rendering more than 25 years approved service and that the order of compulsory retirement was in every way justified and did not amount to removal from service. The trial Court decreed the plaintiff's suit and an appeal by the State was also dismissed. The lower appellate court while disposing of the appeal stated that the only point for consideration was whether the impugned order was a mere order of retirement or it amounted to an order of removal within the meaning of Article 311 of the Constitution. The learned Judge found as a fact that the order of removal was passed because he had been found guilty of misconduct. It was further found that the plaintiff was not awarded full pension and gratuity to which he was entitled under the rules and therefore the order of retirement visited the plaintiff with penal consequences. The pension and gratuity were admittedly reduced because of the imputations made against the plaintiff in the order of retirement. In this connection it will be advisable to reproduce the Inspector -General's order compulsorily retiring the plaintiff. That order is Exhibit P. 9 and is in these terms :

(3.) FOR the reasons given above this appeal fails and is dismissed with costs.