PUNJAB STATE AND OTHERS Vs. ASHOK KUMAR

JUDGEMENT

(1.) The State of Punjab by way of this regular second appeal has challenged the judgments and decree dated 09-08-1991 and 2-2-1993 passed by the learned Courts below vide which the suit filed by the plaintiff/respondent for declaration that the order of his termination as well as the orders passed in appeal and revision were null and void, without jurisdiction, inoperative and not binding on him has been decreed.

(2.) The respondent/plaintiff brought a suit on the pleadings that the respondent/plaintiff joined the police department, on 26-6-1973. He was dismissed from service and detained under National Security Act in the year 1979. The plaintiff/respondent challenged the order of his dismissal and in pursuance to the order passed by Hon'ble Supreme Court he was reinstated as constable a on 2-8-1983.

(3.) The respondent/plaintiff after initial posting at Amritsar was transferred to Kapurthala on 6-4-1985. The plaintiff/respondent was dismissed from service by the Superintendent of Police, Kapurthala in exercise of powers under Rule 16.1 of the Punjab Police Rules (for short the Rules) read with Article 311(2)(b) of the Constitution of India. The ground for his dismissal was that the plaintiff had offered himself for arrest during Akali Morcha and for the reasons of his having taken part in the political movement.