STATE OF PUNJAB Vs. SAIN DASS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 17.7.1990 passed by the learned Additional District Judge, Jalandhar allowing an appeal filed by the plaintiff-respondent against the judgment and decree passed by the learned Sub Judge First Class, Jalandhar dismissing the suit filed by the plaintiff-respondent.

(2.) The respondent/plaintiff was appointed as constable in Punjab Armed Police and he joined his duties on 10.9.1981 at Jalandhar. He successfully completed his training/recruitment course and worked as constable at various places to the entire satisfaction of his superiors. He did not earn any adverse report. His services were terminated on 21.3.1983 by the Commandant. The appellant challenged the order of termination by claiming it to be illegal, ultra-vires, arbitrary, without jurisdiction and against the principles of natural justice.

(3.) The order was passed under Rule 12.21 of the Punjab Police Rules (for short the Rules). It was claimed that it was not passed by the competent authority and further the provisions of Rule 12.21 of the Rules were not complied with in this case.