NARENDER KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Cm-16626-Cwp-2015

(2.) Petitioner Narender Kumar applied for the post of Constable in Union Territory, Chandigarh in the recruitment process initiated during 2009-10. Non-cognizable report (NCR) was lodged against him, his real brother and two cousin brothers on 17.3.2011 long after he applied for the above post. The above NCR registered against the writ petitioner and his close relatives did not culminate in registration of an FIR. Instead a report under Sections 107 and 116 Cr.P.C. was filed before the Pargana Magistrate, Modinagar. On 1.5.2011 he was appointed as Constable and was sent for training. On 19.8.2011, the entire proceedings culminated from registration of NCR were closed as per the the order passed by the Pargana Magistrate, Modinagar, Ghaziabad. The respondents initiated action as against the writ petitioner on 7.10.2011. The Sr. Superintendent of Police, Union Territory, Chandigarh exercising his powers under Rule 12.21 of Punjab Police Rules, 1934 discharged him from service vide order passed by him on 29.5.2012, having formed an opinion that he was not likely to prove an efficient police officer.

(3.) The Tribunal having referred to the decision of this Court in Sher Singh vs. State of Haryana and others, 1994 2 SLR 100 chose to dismiss the plea for reinstatement sought for by the writ petitioner.