GURSEWAK SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner in the instant writ petition is seeking the quashing of the order dated 19.03.2018 (Annexure P-2) passed by Deputy Superintendent of Police, Vigilance and Security, PSPCL, Patiala (Respondent No. 5) for ADGP V&S, PSPCL, wherein the petitioner is ordered to be repatriated from PSPCL to the parent department under Commandant, IRB, Kapurthala. The pleaded case of the petitioner is that the aforestated order dated 19.03.2018 is illegal, arbitrary and violative of fundamental rights of the petitioner.

(2.) The brief facts of the case as pleaded are that the petitioner joined the Punjab Police (7 IRB) as 'Constable' and thereafter was sent on deputation to Punjab State Power Corporation Limited where the petitioner joined on 24.08.2011. An order dated 15.05.2017 (Annexure P-1) was passed by Establishment-2 Branch, Administrative Wing, Office of Director General of Police, Punjab, Chandigarh wherein it was mentioned that ADGP PSPCL, Patiala has written about 131 personnel who have overstayed on deputation in PSPCL beyond the deputation term of 3 years including the name of the petitioner at Serial No. 90. Consequently, the impugned order dated 19.03.2018 (P-2) was passed wherein the petitioner Senior Constable Gursewak Singh No. 7IRB/743 having overstayed on deputation period of 3 years and being included in audit para due to administrative reasons is repatriated to parent Department i.e. Office of Commandant, 7 IRB, Kapurthala with immediate effect.

(3.) Learned counsel for the petitioner has argued that the order dated 19.03.2018 (P-2) is discriminatory and arbitrary, as it is not based on any fixed or uniform policy in relation to repatriation of Constables on deputation with PSPCL; and is in violation of the principles of natural justice inasmuch as it has been passed without affording any opportunity of hearing to the petitioner.