GULAB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly, the facts of the case are that the petitioner joined the Punjab Police as a Constable on June 20, 1961. He was promoted as Head Constable w.e.f. February 1, 1982, and was further. He was promoted as Assistant Sub Inspector on ad hoc basis on May 9, 1992.

(2.) It has further been averred in the petition and not denied by the respondents that the petitioner had crossed his efficiency bar at the relevant time and he had never been communicated any adverse remarks during the period of thirty years of his service. However, vide order dated October 30, 1992, copy Annexure P-16, the Senior Superintendent of Police, Patiala, prematurely retired the petitioner under Punjab Civil Services (Premature Retirement) Rules, 1975 . The said order reads as under:

(3.) On the other hand learned counsel for the respondent argued that since there were complaints against the petitioner of having accepted illegal gratification and on the basis of the affidavit filed by the complainant, the appropriate authority had come to the conclusion that the petitioner had misconducted himself and was to be prematurely retired as it was thought to be in public interest. He further submitted that if on the basis of the complaint an A.C.R. could be recorded against the petitioner regarding his integrity and on that basis, he could have been prematurely retired, there is no illegality committed by the respondent in passing the impugned order on the basis of the complaint.