STATE OF HARYANA Vs. THAKAR DAS

JUDGEMENT

(1.) Aggrieved by the judgment of the learned Single Judge quashing the order dated 3.1.1984 retiring the respondent No. 1 from service and directing his reinstatement, the State of Haryana and two others have filed this appeal under Clause X of the Letters Patent.

(2.) The respondent No. 1, who joined service as a Constable in the erstwhile State of Punjab got his last promotion as officiating Sub Inspector of Police w.e.f. 11.2.1980. In January 1982, he was served with a notice vide memo. No. 308/SA-3, dated 11.1.1982 was called upon to show cause against his proposed retirement. The petitioner submitted a detailed reply dated 4.2.1982. His representation was considered and rejected by the government. Thereafter vide memo. No. 13222/SA-3, dated 5.11.1982, the Director General of Police and Inspector General of Police, Haryana conveyed to the Deputy Inspector General of Police, Hissar Range, Hissar, his decision to retire the petitioner compulsorily from service under Rule 9.18(2) of the Punjab Police Rules . In compliance of that order the Superintendent of Police, Hisar issued order Annexure P.58. Copy of the memo dated 5.11.1982 and the order Annexure P.58 are reproduced below for reference purposes :

(3.) On 8.12.1982, the Superintendent of Police, Hissar informed the Deputy Inspector General of Police, Hissar Range, Hissar about the desire of the Chief Minister, Haryana that the respondent No. 1 may not be retired compulsorily. The communication dated 8.12.1982 sent by the Superintendent of Police, Hissar to the Deputy Inspector General of Police is reproduced below:-