DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Plaintiff challenged the order dated 13.3.1979 terming it to be against Rule 12.21. of the Punjab Police Rules, 1934 (for short 'the Rules) and otherwise contrary to law and fact and without jurisdiction.

(2.) As per averment made in the plaint, it has been stated that the plaintiff was neither served with any show cause notice nor any warning was given nor any explanation was sought for. With these averments, it was averred that provisions contained in Rule 12.21 of the Rules are contrary to Sec. 7 of the Rules and so the order of discharge on the ground that the plaintiff is unlikely to prove an efficient police officer could not be passed. It was further alleged that there was no adverse report against the plaintiff which may empower the appointing authority to form an opinion regarding his unsuitability and as such the order of discharge suffers from arbitrariness and otherwise too unjust and improper.

(3.) Defendants put in appearance and filed their written statement. Objection was taken with regard to maintainability of the suit, it being time barred and further it does not give any cause of action to the plaintiff to file the present suit. On merits, it was averred that the plaintiff was rightly discharged from the force under Rule 12.21 of the Rules who was relieved from his duty on 13.3.1979. As regards notice, it was stated that there was no necessity to serve any show cause notice or call for plaintiff's explanation as the order of discharge causes no stigma on the plaintiff.