PRITAM SINGH Vs. PUNJAB STATE SERVICE

JUDGEMENT

(1.) This appeal has been preferred by Ex-Assistant Sub Inspector Pritam Singh against the judgment dated July 28, 1979 of the Additional District Judge, Amritsar, confirming the judgment and decree, dated April 29, 1978 of Subordinate Judge Ist Class, Amritsar, dismissing his suit for declaration to the effect that the order dated April 30, 1975 passed by the Senior Superintendent of Police, Amritsar, and confirmed by the Deputy Inspector General of Police, Jullundur Range, Jullundur Cantt., was bad in the eye of law and that he still continues to be in the service of the Punjab State.

(2.) Facts, in brief, are that the appellant joined service as Constable in the Police Department of the Punjab Government on March 20, 1960. According to him, in February 1975, he was posted as Assistant Sub Inspector of Police in Police Lines, Amritsar. It was alleged against him that on February 1, 1975 he was absent from duty at night time and was found in drunken condition in the area of Police Station, 'B' Division, Amritsar, and was creating nuisance. Some public men informed the Moharrir Head Constable of Police Station, 'B' Division, Amritsar, to that effect. Constables of the Flying Squad were deputed who reached the spot and the person found in drunken condition came out to be Assistant Sub Inspector Pritam Singh. At that time, he was bare, headed and was bleeding from his head. On receipt of information, Inspector Anup Singh Incharge, Police Station Civil Lines, also reached Police Station 'B' Division. Inspector Anup singh and Sub Inspector Dalip Singh found him not in his senses being in drunken condition. He was taken to V.J. Hospital, Amritsar by Inspector Anup Singh where he was medically examined by Dr. Sawinder Paul Singh, who found that he was under the influence of liquor. According to Pritam Singh Assistant Sub Inspector No. 195/Jull, these allegations were false. Inspector Anup Singh made a detailed report to the Senior Superintendent of Police, Amritsar. Departmental Enquiry was conducted by Om Parkash, Deputy Superintendent of Police/Hqrs. Amritsar. The Enquiry Officer returned the finding that Pritam Singh had absented himself from the Police Lines at night time on February 1, 1975. He was found unconscious under the influence of liquor, in the jurisdiction of Police Station 'B' Division, Amritsar. He was found dead-drunk and was creating nuisance in the area of Bagh Ramanand at the relevant time. The Senior Superintendent of Police agreed with the report of the Enquiry Officer and issued Show Cause Notice dated April 4, 1975 to Pritam Singh as to why penalty of dismissal from service be not imposed on him. Reply dated April 12, 1975 to that Show Cause Notice was furnished by Pritam Singh, which was not found satisfactory by the Senior Superintendent of Police, who formed an opinion that penalty of dismissal from service would meet the ends of justice. Accordingly, Pritam Singh A.S.I. No. 195/Jull was dismissed from service with effect from April 30, 1975 afternoon, vide order of even date. Against the order, dated April 30, 1975 of Senior Superintendent of Police, Amritsar, Pritam Singh filed an appeal before the Deputy Inspector General of Police, Jullundur Range, Jullundur Cantt, but the same was dismissed vide order, dated November 6, 1975.

(3.) Feeling aggrieved, Pritam Singh filed Civil Suit No. 293 of 14.10.76/22.9.77 for declaration to the effect that order dated April 30, 1975 of Senior Superintendent of Police, Amritsar, dismissing him from service which was affirmed in appeal, was wrong, illegal, ultra vires, unconstitutional, capricious and void, and that he still continues to be in the service of the Punjab State on the ground that the allegations levelled against him were false and un-founded, the charge-sheet was not legal and valid; reply to the charge-sheet was not properly considered; the departmental enquiry was defective inasmuch as the procedure adopted by the Enquiry Officer was not in accordance with the provisions of Rule 16.24 of the Punjab Police Rules, 1934 (for short, the Police Rules) the Show Cause Notice was invalid; proper opportunity was not afforded to him to defend his case in the Enquiry as no independent witness was examined during the course of Enquiry to substantiate the allegations that he was in drunken state; and that the order of his dismissal from service was not a speaking one. The suit was contested by the defendants and by way of written statement, all the pleas taken by him were controverted and it was asserted that the order, dated April 30, 1975 was valid in the eye of law and did not suffer from any infirmity. The parties litigated on the following Issue :