DARSHAN LAL Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This Civil Writ Petition has been instituted by the petitioner for issuance of a writ in the nature of cetiorari for quashing impugned order dated 7.9.2001 (Annexure P-4) has been rejected....

(2.) The facts as pleaded by the petitioner are that the petitioner was appointed as a Special police Officer (hereinafter referred to as 'SPO') on 22.5.1992. The petitioner was implicated as an accused in criminal cases bearing F.I.R. No. 125 dated 19.6.1996 registered Under Section 399 Indian Penal Code, Police Station, Division No. 6 Ludhiana, and F.I.R. No. 127 dated 19.6.1996 registered Under Section 25 of the Indian Arms Act, Police Station, Division NO. 6, Ludhiana. It is the case of the petitioner that due to registration of criminal cases and due to facing of trial of the said cases he was not allowed to join duty although no departmental inquiry was pending or contemplated against him. It is further the case of the petitioner in the writ petition that no order of termination or dismissal was ever served upon him.

(3.) Trial of the cases registered vide F.I.R. 125 of 19,6.1996 and F.I.R. No. 127 dated 19.6.1996 was concluded and culminated to judgments of acquittal dated 3.10.2000 Having been acquitted, the petitioner made a request that he should be allowed to join duty. Neither the petitioner was allowed to join duty nor any decision was, taken on his representation. In these circumstances, the petitioner approached this Court by way of C.W.P. No. 6918 of 2001 praying that the respondents be directed to take a decision on the representation dated 4.12.2000. The matter was heard on 15.5.2001 whereupon, without going into the merits of the case the writ petition was disposed of with a direction to the Deputy Inspector General of Police, Ludhiana, Range, Ludhiana to consider and take action in accordance with law on the representation within a period of here months of the recipt of a copy of the said order. It was further clarified that if there was any other competent authority to take a decision in the matter, the Deputy Inspector General of police may refer the matter to that competent authority for the said purpose.