ASI SAJJAN SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner was recruited into the police service of the State government as a Constable on 2.4.1973. He was promoted as Head Constable in 1978 and confirmed as such w.e.f. 31.8.1986. The Superintendent of Police, Railways, Haryana, exercising the powers vested in him under Rule 9.18 (ii) of the Punjab Police Rules (hereinafter referred to as the Police Rules) issued a notice dated 2.3.2004 (Annexure P-4) to the petitioner informing him, that he would stand retired from service on the expiry of three months from the date of receipt of the notice by him. The acknowledged factual position is, that the notice dated 2.3.2004 was received by the petitioner on 5.3.2004, and as such, in terms of the order dated 2.3.2004, the petitioner would stand retired w.e.f. 4.6.2004. Despite the order dated 2.3.2004 (Annexure P-4), the

(2.) Superintendent of Police, Railways, Haryana, passed another order dated 11.3.2004 (Annexure P-5), retiring the petitioner with immediate effect. Be that as it may, the order dated 11.3.2004 was withdrawn by a superseding order dated 15.3.2004 (Annexure P-6) by expressly noticing, that the petitioner had already been issued a notice dated 2.3.2004 retiring him from service.

(3.) It is at this stage, that the petitioner filed the instant writ petition, wherein notice of motion was issued on 20.4.2004. During the pendency of the instant writ petition, C.M. No.8362 of 2004 was filed by the petitioner, enclosing therewith an order dated 4.5.2004 (Annexure P-7) vide which the Superintendent of Police, Railways, Haryana, again ordered the retirement of the petitioner with immediate effect. Through the instant writ petition, the orders dated 2.3.2004 (Annexure P-4) and 4.5.2004 (Annexure P-7) have been impugned by the petitioner.