EX CONSTABLE SUBA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole question of law raised in the instant appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity,'the Code') is whether departmental proceedings could continue during the pendency of criminal charge.

(2.) Brief facts of the case, which are necessary for deciding the aforesaid question, are that the plaintiff-appellant joined Police Department as Constable on 2.6.1976. However, a departmental proceeding was initiated against him in the year 1981 when he was posted in the Police Lines, Ferozepur. The allegation was that on 16.7.1981 when he was serving in Second Reserve Police Lines, Ferozepur, he went to Control Room to seek permission to proceed on leave from Reserve Inspector Gurbux Singh. The Reserve Inspector asked him to go to Mahairir Head Constable of Police Lines for obtaining report as to how many constables were on leave. Thereafter the Reserve Inspector asked him to obtain permission of Lines Officer and then proceed on leave. The plaintiff-appellant is alleged to have abused the Reserve Inspector Gurbux Singh and also slapped him. On the intervention of Naresh Kumar, ASI, and Avtar Singh, Constable, he was forced to leave the room. After holding inquiry in accordance with the rules, the Senior Superintendent of Police, Ferozepur, vide his order dated 12.1.1982, dismissed him from service with effect from that date. In respect of the suspension period, the Senior Superintendent of Police observed that whatever he was paid during the suspension period shall be retained by him. The plaintiff-appellant preferred an appeal before the Deputy Inspector General of Police, which was still pending at the time when the suit was filed challenging the order of dismissal dated 12.1.1982.

(3.) The Trial Court after examining the evidence framed the following four issues :-