PUNJAB STATE SERVICE AND ANOTHER Vs. PRITAM SINGH

JUDGEMENT

(1.) By this judgment, I am disposing of two regular appeals bearing No. 440 of 1993 and 441 of 1993 as the points of fact and law involved in both the cases are common.

(2.) Briefly stated the facts of the case are that three police officers ASI Ram Kishan, HC Pritam Singh (respondent in RSA 440 of 1993) and HC Balbir Singh (respondent in RSA 441 of 1993) were charge sheeted by a common charge sheet dated 21.5.1985. The allegations made against these police officers were that they did not properly search the under trial before allowing them to sit in the bus which carried them from the jail to the trial Court. Departmental enquiry against all the t three officers was held and the Enquiry Officer Gian Singh Dy. S.P. held all the three police officers not guilty of the charges. The disciplinary authority, however, did not agree with the findings given by the Officer and held that all the three officers were guilty of the charges levelled against them. Thereafter all the three officers filed an appeal which was also dismissed by the Appellate Authority. Even the revision filed by all the three police officers was dismissed by the Revisional Authority.

(3.) Aggrieved by the above mentioned orders passed by the Disciplinary Authority, Appellate Authority and Revisional Authority, all the three officers filed separate suits seeking declaration that the order imposing the penalty of permanent forfeiture of two years approved send was illegal on the ground that the Disciplinary Authority had not given any reason whatsoever for differing with the findings given by the Enquiry Officer. In the case of ASI Ram Kishan suit filed by him was dismissed. Thereafter ASI Ram Kishan filed an appeal which was allowed by the learned Additional District Judge, Amritsar vide his judgment dated 5.6.1991. The State challenged the order passed by the learned Additional District Judge, Amritsar in this Court in R.S.A. 110 of 1993 and the said appeal was dismissed by the learned Single Judge of this Court in limine vide judgment dated 3.5.1993. The State challenged aforesaid order dated 3.5.1993 before the Honble Supreme Court in SLP No. 14207 of 1993 and the said SLP was also dismissed by the Honble Supreme Court on 14.11.1994 and copy of this order has been annexed as Annexure R-5 with the reply filed on behalf of the respondent.