THE STATE OF PUNJAB Vs. CHAMKAUR SINGH

JUDGEMENT

(1.) THIS appeal, is directed, against the judgment and decree, dated 02.01,89, rendered by the Court of Senior Sub Judge, Bathinda, vide which, it decreed the suit of the plaintiff, and, the judgment and decree, dated 27.05.93, rendered by the Court of Additional District Judge, Bathinda, vide which, it dismissed the appeal.

(2.) THE facts, in brief, are that the plaintiff, joined the Punjab Police, as. Constable, in the year 1981. An inquiry, was initiated, against him, in 1981, on the grounds that, at the time of recruitment, for the post of Constable, he produced forged Middle Standard Examination Certificate, whereas, he was only 6th standard pass. It was also alleged that, he did not disclose the fact, that he was previously convicted, for the offence, punishable under Section 307 read with Section 34 of the Indian Penal Code, in FIR No. 219 dated 14.07.66, Police Station Bagha Purana. On receipt of the enquiry report holding him guilty, he was dismissed from service, by the Superintendent of Police (Head Quarter), Bathinda, on 27.05.82. It was stated that proper procedure, was not followed, by the department, before passing the order impugned, as envisaged, under Rule 16.24 of the Punjab Police Rules. An appeal filed by the plaintiff was dismissed vide order dated 09.05.84. Revision petition filed by the plaintiff was also dismissed vide order dated 10.01.85. The defendant, was many a time asked, to treat the orders impugned, as illegal, null and void, but to no avail. Ultimately, a suit for declaration and consequential relief, was filed.

(3.) ON the pleadings of the parties, the following issues, were struck: