SATNAM SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner challenges the order dated 19.10.2009 (Annexure P -5) passed by the Commandant 3rd India Reserve Battalion, Ludhiana -respondent No. 3, whereby his services were terminated from the Police Department, on account of the fact that he had not disclosed the factum of registration of a case at the time of his recruitment. Challenge has also been made to the subsequent order dated 14.01.2010 (Annexure P -7) passed by the Deputy Inspector General of Police, whereby his appeal was dismissed on account of not giving the correct information in the recruitment form. The same has been further upheld by the Inspector General of Police -respondent No. 5 on 06.07.2010 (Annexure P -9) and after hearing the petitioner, on the ground that the inquiry proceedings have been conducted as per law and there is no illegality.

(2.) The appeal filed before the DGP was filed on account of non -maintainability on 28.10.2010 (Annexure P -11) and similarly the petitioner was not successful before the respondent No. 2 -The Chief Secretary, on 22.10.2012 (Annexure P -13).

(3.) Counsel for the petitioner has relied upon the judgment of the Apex Court in 'Commissioner of Police and others Vs. Sandeep Kumar' : 2011 (4) SCC 644 to submit that even if there was non -disclosure, a lenient view should be taken. Counsel for the petitioner has further stressed that even perusal of the FIR No. 228 dated 13.10.2000, under Ss. 325, 324, 323, 148, 149, registered at Police Station Kot Isse Khan (Annexure P -15) would go on show that the petitioner was attributed no specific role, nor he had inflicted any injury on any person and had arrived at the spot subsequently where a dispute had taken place which was being agitated by the complainant side. It is further submitted that there was an acquittal by the Court on 16.03.2011 (Annexure P -1) by giving benefit of doubt for the offence under Ss. 148, 324, 323 IPC by the Judicial Magistrate 1st Class, Moga.