DALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner filed this writ petition for quashing the order of the commandant, 5th Battalion, HAP, Madhuban (respondent No. 3) dated 23.12.1991 discharging the petitioner from service in exercise of his powers under Rule 12.21 of the Punjab Police Rules.

(2.) The petitioner was enrolled in the Haryana Police Department and after recruitment he was posted in the 5th Battalion, Haryana Armed Police, Madhuban and he was last posted at Panchkula. According to the petitioner, on 1st of August, 1991 he asked for earned leave or leave without pay and the commandant told him that he is allowed to go on leave and the petitioner proceeded on leave and subsequently he sent an application for extension of leave. He remained absent for 19 days and after that he started working on his duties. Thereafter he was given a Show Cause Notice why the absence of 20 days should not be treated as leave without pay. He gave his reply and after considering the reply, an order was passed whereby the leave for 20 days was sanctioned as leave without pay. Thereafter the 3rd respondent passed an order on December 23, 1991 terminating his services under rule 12.21 of the Punjab Police Rules, 1934. Challenging the same the petitioner approached this Court for quashing the said order of discharge.

(3.) In the written statement, the respondents took the plea that the order of discharge is simpliciter in nature passed by the 3rd respondent under rule 12.21 of the Punjab Police Rules and no stigma has been attached to the order of discharge and on a consideration of his overall performance during his service, the order of discharge has been passed as the petitioner was found unlikely to become a good police officer. It is further stated that the petitioner was received in the Battalion on transfer on 28-8-1991 and thereafter the never appeared before the 3rd respondent for leave. Rule 12.21 of the Punjab Police Rules reads as under:-