TARA CHAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) D .S.P. Tara Chand has filed this petition to challenge order dated 3rd July, 1995 whereby he was compulsorily retired in public interest.

(2.) THE Petitioner was posted as S.H.O., Police Station Sadar, Hisar in 1987. He received secret information to the effect that certain persons were in illegal possession of arms, whereupon he registered F.I.R. 236 dated 2nd August, 1987 under Section 25 of the Arms Act and Section 6 of the Terrorists and Disruptive Activities Act. On 25th September, 1987 Shri Bhajan Lal, Respondent No. 3 and at that time then a Cabinet Minister in the Government of India telephoned him and threatened him with dire consequences for harassing his supporters. The Petitioner received the telephone call and recorded the gist of the call in the daily diary of the Police Station.

(3.) THE main ground for challenging the order of compulsory retirement was that it was unlawful to retire the Petitioner while he was continuing under suspension. Reliance has been placed on Prem Singh v. State of Haryana and Anr., 1993 (2) R.S.J. 526, a Single Bench judgment of this Court and on S.K. Taneja v. State of Haryana, 1994 (2) R.S.J. 425, a Division Bench judgment of this Court in which reliance has been placed on Prem Singh's case.