NIRMAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing the impugned order dated 26.02.2013 (Annexure P-20) passed by respondent No.3. A further prayer has also been made for issuance of a direction to the respondents to allow the petitioner to join as Constable in the Punjab Armed Police from the date of his selection along with all consequential benefits.

(2.) Briefly, the facts of the case, as made out in the petition, are that the petitioner applied for recruitment to the post of Constable in the Punjab Armed Police on 10.03.2010 and he cleared the physical efficiency test. Thereafter, he was called for interview and was selected. He was allotted Battalion No.7, Punjab Armed Police and Belt No.826 vide order dated 06.01.2011. Even he cleared the medical examination before the Medical Board after his recruitment. FIR No.36/07 was registered at Police Station Sadar Tarn Taran against the petitioner under Sections 457, 380, 420 and 341 Penal Code but he was found innocent in the said case in the inquiry dated 20.04.2011 conducted by the Superintendent of Police (Headquarters).

(3.) As per case of the petitioner, the FIR, in question, was registered at the instance of some relative because of property dispute. Various communications were there between the police authorities regarding the process of criminal proceedings. Ultimately, it came to the notice of the concerned authorities regarding discharge of the petitioner by the Court of Additional Chief Judicial Magistrate, Tarn Taran on 18.10.2012 as the report was submitted by the police before the Court. The local police was having no objection regarding appointment of the petitioner as Constable. No appeal against the aforesaid judgment of trial Court was filed. The petitioner was also asked to appear before the Medical Board PAP, Jalandhar and he was medically examined for recruitment. Without giving any opportunity of hearing and without issuing any Show Cause Notice, the approval for appointment of the petitioner granted on 06.01.2011 was withdrawn. An intimation to this effect was sent to the petitioner. Petitioner made a representation but no action was taken. The petitioner approached this Court by way of filing the present petition by challenging the impugned order dated 26.02.2013 (Annexure P-20) as the claim of the petitioner has been rejected only on the ground that period of six months, from the date of his recruitment, has passed and, therefore, the approval granted to him was withdrawn.