SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present writ petition under Articles 226/227 of the Constitution of India, the petitioner seeks the quashing of the orders dated 12.9.1996 (Annexure-P.3) and dated 8.2.2005 (Annexure-P.4). In terms of the earlier order dated 12.9.1996 (Annexure-P.3), the petitioner was discharged from service on account of his wilful absence from duty since 23.8.1996. In terms of the latter order dated 8.2.2005 (Annexure-P.4), the representation filed by the petitioner on a direction being issued by this Court on 15.12.2004 in CWP No. 19751 of 2004 has been considered and rejected.

(2.) The petitioner was appointed as Special Police Officer (`SPO' for short) in the Punjab Police Department on 10.8.1994 by the Senior Superintendent of Police, Batala (respondent No. 3). Thereafter, a case in relation to offences under Sections 411, 379, 457 and 380 of the Indian Penal Code was registered against him on 28.8.1996 at Police Station Fatehgarh Churian. The petitioner was acquitted in the said case by the learned Judicial Magistrate Ist Class, Batala vide order dated 9.6.2004 (Annexure-P.1).

(3.) Learned Counsel for the petitioner has contended that the petitioner in fact had been discharged from service as SPO on account of the registration of the FIR against him. As the petitioner has been acquitted in the said case vide order dated 9.6.2004 (Annexure-P.1), he is liable to be reinstated in service.