RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only issue which arises for adjudication in this petition is whether termination of petitioner's services by way of discharge can be treated as punitive and invalidated on the ground of violation of the principles of natural justice and Article 311 of the Constitution of India.

(2.) The petitioner says that he joined service as a Special Police Officer (for Short described as 'spo') on 3. 8. 1991 in pursuance of the appointment given by the Senior Superintendent of Police, Amritsar (respondent No. 3 ). He further says that due to illness he could not attend his duty from 3. 5. 1996 to 15. 5. 1996. When he presented himself before the Superintendent of Police (Operation), Amritsar on 16.

(3.) The petitioner has challenged his discharge from service on the ground that before taking the impugned action, respondent No. 3 did not make any enquiry into the allegations of misconduct i. e. the absence without permission and refusal to perform duty during elections. His contention is that the order of discharge passed by respondent No. 3 is punitive in nature and, therefore, it was the bounden duty of respondent No. 3 to act in accordance with the principles of natural justice before terminating his service.