BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in these two cases were recruited as constables in the Punjab Police in October 1987. In January 1989, the petitioners were posted to guard Sukhdev Singh, accused who was admitted to the Medical College, Faridkot for treatment. The accused escaped. On January 12, 1989, a case under Section 223 IPC was registered against the petitioners. While the case was still pending, the petitioners were discharged from service vide order dated December 29, 1989. The petitioners submitted a representation to the Deputy Inspector General of Police. It was rejected. Even their mercy petition having been turned down by the Inspector General of Police, the petitioners approached this court through two writ petitions. After the filing of the petitions, the petitioners were acquitted in the criminal case by the Sessions Judge, Faridkot vide judgment dated November 22, 1994. It is alleged that the action of the respondents in terminating the services of the petitioners and in rejecting their petition is arbitrary and unfair. It has been further alleged that the petitioners have been discriminated against. While Hardev Singh and Parminder Singh who were also discharged along with the petitioners and were members of the guard party have been reinstated, the request made by them has been turned down.

(2.) The claim made by the petitioners has been controverted in the reply filed on behalf of the respondents. It has been inter alia averred that the petitioners had gone away from duty. The accused had taken advantage of their absence and fled away from the hospital. With regard to the charge of discrimination, it has been averred that "Constables Hardev Singh and Parminder Singh were never discharged from service under Punjab rule 12.21 since they were not covered under the said rule." On this basis, it is prayed that the writ petitions be dismissed.

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