RAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of RSA Nos. 2446 and 2447 of 1993, 3018 of 1994 and 531 of 1995, as common questions of law and facts are involved in these appeals.

(2.) Two suits were filed on 16.11.1985. One suit was filed by ASI Mohinder Singh, Head Constable Bhagwant Singh, Head Constable Mohan Singh and Constable Darshan Singh. The other suit was filed by Constable Ram Kumar, Constable Balkar Singh and Constable Harbhajan Singh. In both the suits the aforenamed plaintiffs challenged the order dated 15.11.1985 passed by Senior Superintendent of Police, Patiala, dispensing with the departmental enquiry under Article 311(2)(b) of the Constitution of India and dispensing with the services of the plaintiffs. In these suits, it was alleged that the plaintiffs joined the Police Department as follows :-

(3.) In both the suits it was alleged by the plaintiffs that they were deputed to escort a hardcore extremist namely Balwinder Singh from Nabha Jail to Faridkot Jail on 10.11.1985. It was alleged that inspite of best efforts of the plaintiffs, the hardcore extremist namely Balwinder Singh managed to give a slip to the plaintiffs and ran away from their custody at 7.30 p.m. on 10.11.1985. It was alleged that a case under Section 223 IPC was registered against the plaintiffs in PS Kotwali, Faridkot and he plaintiffs were suspended and subsequently released on bail. It was alleged that the plaintiffs reported back on duty at the Police Lines, Patiala on 13.11.1985 and remained at the Police Lines till 15.11.1985. It was alleged that on 15.11.1985 at the back of the plaintiffs the SSP Patiala (defendant No. 2) passed the impugned order against the plaintiffs under Article 311(2)(b) of the Constitution of India and dispensed with the services of the plaintiffs. It was alleged that said order dated 15.11.1985 passed by the SSP Patiala, dispensing with the regular enquiry under Article 311(2)(b) of the Constitution of India and dispensing with the services of the plaintiffs, was illegal and void on the various grounds detailed in the said suits. It was accordingly prayed that the order dated 15.11.1985 passed by the SSP Patiala, dispensing with the departmental enquiry under Article 311(2)(b) of the Constitution of India and subsequently dispensing with the services of the plaintiffs be declared as illegal and void and the plaintiffs be declared to be still in service with all consequential benefits. Both the suits were contested by the defendants by filing separate written statements, controverting the allegations contained in the plaint and taking up various preliminary objections. It was alleged that the plaintiffs joined Police Department as under :-