STATE OF PUNJAB AND ORS. Vs. DHARAM PAL

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment dated 14.1.2004, whereby the learned Additional District Judge, Gurdaspur has set aside the order of learned Additional Civil Judge (Senior Division) Gurdaspur dated 5.12.2001, whereby the suit of the plaintiff for declaration to the effect that the impugned order passed by Senior Supdt. of Police, Gurdaspur by virtue of which the plaintiff was discharged from service w.e.f. from 23.10.1996 was dismissed.

(2.) The plaintiff was appointed as Special Police Officer on 31.12.1989 by Board with assurance that he will be absorbed as a Constable on completion of six months. He worked as a SPO for about 7 years but was not absorbed as a Constable. The plaintiff proceeded on 18 days leave on 4.10.1996. He was to report back on 21.10.1996, but due to serious illness of his aunt and her death on 22.10.1996, he could not return and he made a phone call to Head Constable Manvinder Singh, Incharge on 22.10.1996. The plaintiff was allowed by him to come after funeral ceremony. On 22.10.1996 absence of plaintiff was got recorded on a checking carried out by Senior Superintendent of Police, Gurdaspur. He was discharged from service w.e.f. 23.10.1996. The order of discharge was passed without giving an opportunity of hearing in violation Article 311 of the Constitution of India. After giving notice under Section 80 of the Civil Procedure Code, the suit was filed.

(3.) On notice, defendants filed written statement admitting that plaintiff was appointed SPO w.e.f. 8.1.1990 on daily wages. They denied that at the time of appointment, he was given assurance that he will be absorbed on permanent basis after completion of six months as Constable. The plaintiff was posted at Security Highway Naka duty at Police Station Dhar Kala. He proceeded on leave but did not report back on 23.10.1996. He absented himself without any information or leave. He was therefore discharged from service w.e.f. 23.10.1996 vide impugned order dated 8.11.1996 on the basis of recommendation made by Deputy Superintendent of Police.