SURINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) 24th September 1984 was declared as a black day for Surinder Singh, who was working as a Constable with the Punjab Police (hereinafter referred to as "the appellant") when he was dismissed from service by the Superintendent of Police, Gurdaspur. He could not succeed even before the Department Appellate Authorities and his appeal and revisions were also dismissed. In order to revive his bread, he challenged the order of his dismissal passed by Superintendent of Police, Gurdaspur through a suit for declaration to the effect that the orders in question are illegal and against the rules. He was non -suited by the lower Court and his suit was dismissed vide judgment and decree dated 14.11.1987. Thereafter, he preferred an appeal, which was also dismissed by the learned Additional District Judge, Amritsar vide its judgment and decree dated 8.8.1988. Aggrieved against the judgment and decree passed by the lower appellate Court, he knocked the door of this court through the present appeal in hand.

(2.) Adumbrated, in brief, the facts necessary for the disposal of this appeal are that the appellant was posted as a Constable in Gurdaspur district in Police Lines. He went to Amritsar after availing leave for two days and was to report back for duty on 11.8.1981, but he was arrested by the Railway Police at Amritsar on 9.8.1981 on the basis of a complaint, as a result of which, he remained in police custody from 9.8.1981 to 15.8.1981 and in judicial custody till 15.9.1981 on account of which, he could not resume duty even thereafter as he fell ill. He has categorically pleaded that inquiry against him was not in accordance with the relevant procedure in respect of which the order of dismissal from service was liable to be set aside.

(3.) On the other hand, the suit of the plaintiff -appellant was contested by the State of Punjab by filing written statement raising objections of jurisdiction and notice and it was pointed out that the inquiry was conducted in accordance with rules and therefore, the order of dismissal and the findings of the inquiry passed by the Inquiry authority and appellate authorities respectively are legal and valid.