STATE OF PUNJAB Vs. INDERJIT SINGH

JUDGEMENT

(1.) THE State has come up in appeal against the judgment and decree of the first Appellate Court which on appeal reversed that of the trial Judge and granted a declaration to she plaintiff-respondent that his reversion from the post of Assistant Sub Inspector to that of Head Constable was illegal.

(2.) THE matrix of case is as under : The respondent (hereinafter referred to as the plaintiff) was appointed as a Constable on May 23,1951 He was promoted as a Head Constable on September 25, 1956 and confirmed as such on June 9, 1972. He was promoted as Assistant Sub-inspector in the year 1976. A charge sheet dated April 25, 1979 was served upon him. He filed his reply. The Enquiry Officer submitted his final report on June 16, 1979. As a result thereof, show cause notice dated June 22,, 1979 was issued to him. After considering his reply, he was reverted to the post of Head Constable vide order dated July 10, 1979. He challenged the reversion order in appeal. The appeal was rejected by the Deputy Inspector General of Police vide order dated February 4, 1980. The plaintiff challenged the order of reversion principally on two grounds namely (i) the order of reversion was passed by the Deputy Inspector General of Police who was not the competent authority to appoint biro, the Superintendent of Police was the competent authority to appoint him as Assistant Sub Inspector of Police, and (ii) Rule 16. 38 of the Police Rules was violated inasmuch as the District Magistrate while permitting that departmental enquiry be conducted against the plaintiff did not record his finding for not ordering judicial prosecution against him.

(3.) THE trial Judge negatived the contentions. On appeal the first Appellate Court quashed the order of reversion on both the grounds on which it was challenged.