GURMIT SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) This civil writ petition under articles 226/227 of the constitution of india has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 10.3.1998 (Annexure P-7) whereunder the services of the petitioner were terminated with effect from 10.11.1997, as the petitioner had remained absent after the said date. Challenge has also been made to order dated 12.6.2009 (Annexure P-16) i.e. order under which the representation of the petitioner for restoring his services has been rejected. Challenge has also been made to order dated 20.5.1998 (Annexure P-17) whereby the Inspector General of Prisons, Punjab, has rejected the representation of the petitioner. It has also been prayed that order dated 24.3.1998 (Annexure P-6) transferring the petitioner from Central Jail, Patiala, to District Jail, Sangrur, be declared as valid, as the same has not been cancelled so far.

(2.) The petitioner claims to be a national level Kabaddi player. In para-2 of the petition, it has been pleaded that the petitioner was invited in the tournament of the Jail Department, in February, 1995. Considering the quality of game played by the petitioner, the petitioner was appointed as a Warder by respondent No. 3 i.e. Superintendent, Headquarters and Central Jail, Patiala, without any application having been made by the petitioner in that regard. Copy of the appointment letter has been placed on record as Annexure P-1. It has further been pleaded that the petitioner had been performing his duties as a Warder and had also been participating in games/tournaments. Rather, the respondents had been deputing the petitioner for participation in games. The Certificates have been placed on record as Annexures P-2 and P-3, which have been issued by the Kabaddi Federation of India.

(3.) In para-4 of the petition, it has been pleaded that on 9.11.1997, the petitioner was not having any duty and was on weekly rest and, therefore, had gone to his Village Hodla Kalan. While coming back, the petitioner suffered acute back pain and, therefore, the petitioner went to Public Health Centre, Dhanaula Township. The petitioner was advised bed rest. The petitioner requested his father to inform the authorities about his ailment.