PUNJAB STATE Vs. HARJINDER SINGH

JUDGEMENT

(1.) The only substantive question of law raised in this appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the 'Code') is 'Whether an order of discharge in respect of a probationer police constable under Rule 12.21 of the Punjab Police Rules, 1934 (for brevity, 'the Rules) is liable to be set aside for want of regular departmental enquiry contemplated by Rule 16.24(IX) of the Rules'. The aforesaid question has been considered by Hon'ble the Supreme Court in the context of same rules, facts and circumstances in the cases of State of Punjab v. Balbir Singh, 2004 11 SCC 743; State of Punjab v. Sukhwinder Singh, 2005 5 SCC 569; State of Punjab v. Avtar Singh, 2008 7 SCC 405 and State of Punjab v. Rajesh Kumar, 2006 12 SCC 418. In Sukhwinder Singh's case , Rajesh Kumar's case and Avtar Singh's case the view taken by a Full Bench of this Court in Sher Singh v. State of Haryana, 1994 2 SLR 100, has been approved. It has been held that an order discharging a probationer constable cannot be set aside merely on the ground that no enquiry has been held. In para 8 of the judgment in Rajesh Kumar's case their Lordships have observed as under :-

(2.) Similar view has been taken in Sukhwinder Singh's case . In para 7 of the judgment following opinion has been expressed :-

(3.) In the light of the preface of the statement of law the facts of the present case may first be examined which have lead to the filing of the instant appeal. The defendant-State of Punjab, has challenged the judgment and decree passed by the learned lower Appellate Court, dated 22.11.1986, allowing the appeal filed by the plaintiff-respondent by reversing the judgment and decree dated 14.12.1985 passed by the learned Trial Court vide which suit for declaration filed by the plaintiff-respondent was dismissed.