STATE OF PUNJAB AND ORS. Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) STATE has come up in Regular Second Appeal against the concurrent finding recorded by both the Courts below whereby the suit of the plaintiff -respondent (for short 'the respondent') was decreed.

(2.) THE respondent joined as a Constable at Amritsar on 10.04.1981 and was allotted constabulary No. 2979. He was involved in a case under Section 18 of the N.D.P.S. Act, registered at Police Station, Ajnala and due to this reason, S.S.P. Amritsar dismissed the respondent from service, vide order dated 27/28.06.1987. In the order, it was stated that the respondent was in league with terrorists and extremist and that he was working with them and helping them in the collection of money. The respondent was governed by the Punjab Police Rules and could not be dismissed from service, without any enquiry, as contemplated in the Punjab Police Rules. Another case u/s. 3/4 of T.A.D.A. Act and the Official Secrets Act, was registered against the respondent and the matter was not referred to the District Magistrate to seek his permission to hold an enquiry under Rule 16.38 of the Punjab Police Rules. The respondent was not served with any show cause notice. Thereafter, the respondent was acquitted by Addl. Sessions Judge, Amritsar vide judgment dated 07.02.1988 and the State did not file any appeal against the judgment of acquittal and hence the judgment attained finality. Further the order of dismissal was not communicated to the respondent and was passed in his absence without giving him any opportunity of any kind.

(3.) FROM the pleading of the parties, the trial Court framed the following issues: - -