BALRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 14/11/2003 whereby Senior Superintendent of Police, Amritsar has terminated his services.

(2.) The petitioner is claiming that he was terminated by an order which is stigmatic in nature. He was terminated without holding any inquiry. The termination was against the principles of natural justice.

(3.) As per reply, the petitioner was a habitual offender. He was implicated in FIR No.169 dtd. 23/12/1996 under Ss. 386, 506, 342 & 34 of Indian Penal Code, 1860 registered at Police Station Division 'A', Amritsar. On checking by Station House Office, Police Station Sadar, Amritsar, petitioner was found having received money from a driver of one four-wheeler i.e. Tata 407 carrying a patient to Delhi. He was a Special Police Officer and subjected to suitability test in 1997, 2000, 2001 and 2002 for the post of Constable but was found unfit. In 2003, he was dismissed on account of misconduct. He was a temporary employee. His appointment was under Sec. 17 of Police Act, 1861 (for short 'Police Act'). The respondent was not required to conduct departmental inquiry before passing order of termination.