JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was recruited as a Constable on October 31, 1979. A case under sections 420/465/471 IPC was registered against him. Vide judgment dated January 24, 1986, the Judicial Magistrate found that the charges were proved. The petitioner was accordingly convicted. In view of the provisions of the Punjab Police Rules , the Superintendent of Police ordered his dismissal from service vide order dated August 30, 1986. In the meantime, the petitioner had filed an appeal against the order of his conviction. This appeal was allowed by the learned Additional Sessions Judge vide judgment dated November 25, 1986. Thereafter, the petitioner alleges that he submitted a representation for his reinstatement. The respondents having taken no action, he has approached this Court through the present writ petition with a prayer that a writ of mandamus be issued directing the respondents to treat him as continuing in service and that the order dated August 30, 1986, be quashed.

(2.) In the written statement filed on behalf of the respondents, it has been inter alia averred that the petitioner has wrongly referred to the unamended provisions contained in rule 16.2(2) of the Punjab Police Rules . A copy of the gazette notification dated August 28, 1981, by which the rule was amended has been produced as Annexure R-1 with the written statement. It has been further averred that the judgment of the learned Additional Sessions Judge has been challenged by the State Government before this Court. Consequently, it is prayed that the petitioner is not entitled to the relief as claimed by him.

(3.) Counsel for the parties have been heard.