BHAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER seeks issuance of an appropriate writ impugning order dated 29.8.1992 communicated to the petitioner on 3.10.1992 discharging him from service, claiming it to be illegal, unwarranted and unjustified. He has also claimed reinstatement with continuity of service, full back wages and all other consequential benefits. Having served Indian Army as Havaldar in Bengal Engineering Group from 26.6.1974 to 31.3.1991, the petitioner was enrolled with Punjab Police on 4.6.1991. When he was undergoing training, he was dismissed from service on 29.8.1992 (Annexure P -7) as communicated to the petitioner on 3.10.1992 (Annexure P -6). Asserting validity and legality of the impugned order and communication thereof to the petitioner, the respondents have claimed that when the petitioner was found unlikely to prove an efficient police officer, he was discharged by the competent authority under Rule 12.21 of the Punjab Police Rules, 1934 (hereinafter called as, the Rules). Dismissal of the petition was sought.

(2.) LEARNED counsel for the parties have been heard while going through the paper book.

(3.) CONTENTION of counsel for the respondents is that since the petitioner was on training and had yet not completed three years of his service, he could be discharged under Rule 12.21 of the Rules and thus, the impugned order was passed against him on requisite satisfaction recorded by the competent authority.