BALDEV SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE Petitioner Baldev Singh, who was a Constable in Punjab Police,, stands dismissed, - -vide order, dated 11th August, 1983, Annexure P. 3. His appeal to D.I.G. and further revision to I.G., Punjab were also dismissed, - -vide orders, dated 27th December, 1983 and 9th March, 1984 respectively.

(2.) COUNSEL for the Petitioner has canvassed that there had been non -compliance with Rules 16.2 and 16.24 of the Punjab Police Rules of 1934 (hereinafter referred to as the Rules). Relevant portion of Rule 16.2 of the Rules is in the following terms:

(3.) IT has been urged that neither the order of the punishing, authority nor the orders of the appellate and revisional authorities indicated that the factum of length of service and his right to pension had been kept in view while imposing the punishment. That means that the authorities concerned were oblivious of the provisions of Rule 16.2 and so the order of dismissal stands vitiated. Support was sought for the aforesaid submission from a single Bench judgment of this Court reported as Gurdev Singh v. State of Haryana, 1976 (2) S.L.R. 442. Pointed attention was drawn to the following observations of Koshal J., as he then was: