MAHESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) Mahesh Kumar, ex-Constable, filed a suit for declaration to the effect that order dated 6.4.1984 passed by Superintendent of Police, Rohtak discharging him from police services under Punjab Police Rule 12.21 is illegal, null and void and without jurisdiction. As per facts, it was stated that he was enrolled as a Police Constable Bugler on 7.5.1980 and was posted in Police Line, Rohtak. His record remained unblemished and he was awarded a cash award of Rs. 50/- for his good performance. It is on 6.4.1984, when he had completed 4 years of service that he was discharged under Rule 12.21, which was not applicable.

(3.) Defendant put in appearance and filed written statement. By way of preliminary objections it was stated that suit of the plaintiff does not lie in the present form and suit is not maintainable for non-joinder of the necessary parties. On merit it was stated that plaintiff was recruited as a Bugler on 7.5.1980, he was sent for training but he did not show any interest in his training and so on the basis of the report of the Principal he was discharged from service under Rule 12.21 vide order dated 9.6.1981. Subsequently, on his representation he was again re-enlisted w.e.f. 24.7.1981. Again his overall record was not found to be satisfactory and so he was discharged vide order dated 6.4.1984 in terms of Punjab Police Rules 12.21. This way the defendant prayed for dismissal of the suit.