HARMIT SINGH EX-CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is plaintiff's second appeal directed against the judgment and decree of learned Additional District Judge, Gurdaspur whereby on appeal preferred by the defendants, judgment and decree of the trial Court decreeing the suit of the plaintiff has been set aside and as a consequence suit of the plaintiff dismissed.

(2.) Plaintiff filed suit for declaration to the effect that order bearing No. 1862-67 dated 18.1.1991 passed by the Senior Superintendent of Police, Gurdaspur (hereinafter referred to as the SSP) by virtue of which plaintiff was dismissed from service is illegal and null and void.

(3.) The case of the plaintiff was that he was appointed as a Constable in Punjab Police Force with effect from 8.9.1989. He alleged that since his appointment, he has been performing his duties diligently, honestly and to the entire satisfaction of his superiors but plaintiff was served with order dated 18.1.1991 passed by the SSP (respondent No. 3 herein) whereby plaintiff was dismissed from service under the pretext of certain allegations of dereliction of duty in order to aid the extremists, without holding any departmental enquiry as prescribed under the Punjab Police Rules (for short the PP Rules), Plaintiff challenged the order as illegal, null void on the ground that no regular departmental enquiry was conducted by the SSP before passing the impugned order. Plaintiff also contended that the order was passed under the pretext of inability of holding enquiry under Article 311(2)(b) of the Constitution of India whereas the provisions of the said article were not applicable to the case of the plaintiff.