LALJI DASS, EX-CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question which has cropped up for our consideration in this writ petition is whether the order of dismissal passed by respondent No. 3 by invoking the provisions of Punjab Police Rules 16.1 read with Section 7 of the Police Act, 1861 and proviso (2) to Article 311 of the Constitution of India.

(2.) Shorn of un-necessary details, the case of the petitioner, as set up in the writ petition, is that the petitioner-Lalji Dass was inducted into Police Department on 1.9.1980 as Constable. Petitioner while posted in Police Lines, Tarn Taran, proceeded on earned leave. He was to report on 20.7,1992 but he did not join on account of alleged sudden illness. The petitioner applied for extension of leave but he did not receive any communication whether the leave had been sanctioned or not.

(3.) To petitioner's great dismay, Senior Superintendent of Police, Tarn Taran, passed the impugned order dated November 16, 1992, copy of which is Annexure P-l to the writ petition, dismissing the petitioner from service in exercise of powers vested in him under Rule 16.1 of the Punjab Police Rules read with Section 7 of the Police Act, 1861 and Article 311(2) of the Constitution of India. The petitioner against this order filed an appeal under Rule 16.9 of the Punjab Police Rules. The appeal was rejected by the Inspector General of Police, Border Ranger, Amritsar. Thereafter, the petitioner filed an appeal-cum-representation before the Director General of Police, Punjab dated 13.9.1993 which was also rejected.