PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PAL Singh was appointed as Corporal Instructor in the Punjab Home Guards on September 19, 1980 vide order Annexure P-2. He was appointed on temporary basis. If he wanted to resign he could do so on giving notice of one month or one month's pay in lieu of notice. The Government could also remove on giving one month's notice along with allowances and one month's pay. However, in the case of bad conduct, an opportunity of hearing was to be given before removing him from the service. Annexure P-2 further states that the Punjab Home Guards Act, 1947, Punjab Home Guards Act, 1963, Punjab Civil Services Rules and Government Employees Conduct Rules, 1966, and Punjab Civil Services (Punishment and Appeal) Rules, 1970 would also be applicable. Vide order dated April 9, 1983, Annexure P-1, passed by the Commandant General, Punjab Home Guards. Pal Singh was discharged from service under Rule 18 of the Punjab Home Guards Rules, 1963 with immediate effect. Several representations against the said order were moved before the authorities copies of which are Annexure P-3 to P-6; however, no action thereon was taken. Pal Singh has challenged order Annexure P-l discharging him from service in this writ petition under Articles 226 and 227 of the Constitution of India.

(2.) IN the written statement the stand taken on behalf of the respondent is that a theft of arms and ammunition in the Home Guards Kot at Ferozepur took place during the night of April 6/7, 1983. A preliminary enquiry was conducted and Pal Singh petitioner was held responsible for gross negligence in the discharge of his official duties and also for his undesirable role and absence from duty. For this serious misconduct the petitioner was discharged under Rule 18 of the Punjab Home Guards Rules, 1963.

(3.) RULE 18 of the Punjab Home Guards Rules, 1963 reads as under:- "any member may be discharged at any time by the authority which had appointed him when his services are no longer required. "