STATE OF PUNJAB Vs. PARAMJIT SINGH

JUDGEMENT

(1.) The present regular second appeal is preferred against judgment and decree dtd. 10/7/2019, passed by learned Civil Judge (Junior Division), Jalandhar, whereby, the civil suit filed by the respondent was decreed in his favour and judgment and decree dtd. 30/4/2025 passed by learned Additional District Judge, Jalandhar, whereby appeal filed by the appellants against judgment and decree dtd. 10/7/2019 was also dismissed.

(2.) Brief facts of the case as per the pleadings in the civil suit are that respondent served in Indian Army from 1/3/1976 to 1/3/1991. He joined Punjab Police Department in the CID at Jalandhar as Constable Driver on 3/8/1992 on the basis of his discharge book issued by Military Authorities. He had passed 8th class examination as per the entries in the discharge book. He was recruited as Constable Driver on the basis of entries in the discharge book issued by Military Authorities. He did not produce any certificate showing his qualification as is required by Selection Board at the time of his enrollment. On the basis of compliants made by certain persons from the village that respondent secured the appointment in Police Department by producing false and forged certificates at the time of his joining, he was tried departmentally. An enquiry was conducted against the respondent by AIG, Head Quarters Intelligence, Punjab, Chandigarh, who held him guilty. Thereafter, Superintendent of Police, Intelligence, Punjab, Chandigarh issued show cause notice dtd. 21/12/2006 proposing punishment of dismissal to the respondent. The respondent submitted detailed reply to the same. Vide order dtd. 30/4/2007 passed by Superintendent of Police, Security, Punjab, Chandigarh, the respondent was dismissed from services. In the meantime, FIR No.165 dtd. 15/9/2006 under Sec. 420, 465, 468, 471 of IPC, Police Station Division No.2, Jalandhar was registered against respondent. After registration of the case and consequent arrest, impugned order of dismissal dtd. 30/4/2007 was passed. After trial in the criminal case, he was acquitted vide judgment dtd. 30/1/2013. The respondent filed appeal against order of dismissal dtd. 30/4/2007 on the ground that on the basis of his acquittal, he is entitled to reinstatement in service from the date of his dismissal with all consequential benefits as per the provisions of Punjab Police Rules. On 17/8/2013, Director General of Police, Punjab, Chandigarh returned the appeal for approaching the lowest Appellate Authority. Thereafter, he filed appeal before the Deputy Inspector General of Police, Intelligence, Punjab, Chandigarh on 23/5/2014, which was rejected by him on 1/7/2015 being barred by limitation. He thereafter filed revision/mercy petition before Inspector General of Police, Intelligence, Punjab, Chandigarh on 19/9/2015, which was rejected by him on 15/10/2015 being devoid of merits. He filed revision/mercy petition to Director General of Police, Intelligence, Punjab, Chandigarh on 4/11/2015 for his reinstatement in service and the same was rejected by Director General of Police, Intelligence, Punjab, Chandigarh vide order dtd. 12/1/2016. The respondent was dismissed from service on the allegations of having secured employment by producing forged and fabricated 9th class certificate issued by SPS Khalsa High School, Begowal, District Kapurthala. On the same allegations, criminal case was registered against him. The respondent was arrested and released on bail and thereafter, acquitted by the Court on 3/1/2013. He filed civil suit challenging orders dtd. 30/4/2007, 1/7/2015, 15/10/2015 and 12/1/2016. And further that he is entitled to reinstatement in service with all consequential benefits from the date of his dismissal including backwages with interest at the rate of 18% per annum. The civil suit filed by him was decreed in his favour vide judgment and decree dtd. 10/7/2019. The appellants-State filed appeal against judgment and decree dtd. 10/7/2019, and the same was dismissed vide judgment and decree dtd. 10/7/2019, Hence, the present Regular Second Appeal.

(3.) Learned counsel for the appellants contends that learned Civil Judge (Junior Division), Jalandhar has wrongly decreed the civil suit filed by the respondent vide its judgment and decree dtd. 10/7/2019 and appeal filed by the appellant against the same was wrongly dismissed by learned Additional District Judge, Jalandhar vide its judgment and decree dtd. 30/4/2025. He, therefore, prays that the present appeal be allowed.