KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were recruited as Constables in the Haryana Armed Police in the year 1991. On September 15, 1992, a case under Section 363/376/34 I.P.C. was registered against them. It was alleged that they, along with six other persons had raped Renu on the night of September 14, 1992. The petitioners were arrested. On September 17, 1992, the petitioners were called upon to submit their respective explanations with regard to certain complaints received against them including the allegation that they had gang-raped a girl on September 14, 1992. Vide letter dated September 28, 1992, the petitioners submitted that they be given time to submit their reply after their release from the jail. On September 30, 1992, the petitioners were discharged from service under Rule 12.21 of the Punjab Police Rules, 1934. The petitioners allege that they have in fact been dismissed from service and that the action is violative of the provisions of Article 311 of the Constitution as well as the rules.

(2.) The respondents contest the claim of the petitioners. In the written statement filed by Mr. R.C. Jowel, IPS, Commandant, 4th Battalion, Haryana Armed Police, it has been mentioned that the petitioners have been discharged from service as they were "found unlikely to prove" efficient police officers.

(3.) The solitary contention raised by Mr. Surya Kant, learned counsel for the petitioners, is that a specific accusation of misconduct having been made against the petitioners, it was incumbent on the respondents to hold an enquiry and that the impugned orders are violative of Article 311(2) of the Constitution of India. On the other hand, Mr. Arun Nehra, learned Additional Advocate General, Haryana, has submitted that the petitioners were discharged from service in conformity with the provisions of Rule 12.21 of the Punjab Police Rules and that the impugned orders were not panel in any way. He has rested his submission on the pronouncement of a Full Bench of this Court in Sher Singh vs. State of Haryana, 1994 106 PunLR 456.