SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CAN a constable be discharged from service under Rule 12. 21 of the Punjab Police Rules, 1934 at any time within three years of his enrolment in spite of the fact that there is a specific allegation which may even amount to misconduct against him ?

(2.) THIS is the primary question that arises for consideration in this bunch of 12 writ petitions which have been placed before this Bench in pursuance to the orders of reference passed by two different benches. Civil Writ Petition No. 19637 of 1991 was referred to a larger Bench by V. K. Bali, J. vide order dated July 20, 1993. Thereafter, a Division Bench of which two of us were members passed an order in C. W. P. No. 5569 of 1992 for placing the matter before a larger Bench. As a result, these petitions have been listed for hearing before this Full Bench.

(3.) THE factual matrix of these cases lies within a very narrow compass. It is averred that the petitioner in C. W. P. No. 5569 of 1992 was alleged to have refused to acknowledge an order of his posting by signing it and had even failed to carry out the directions asking him to work as Orderly in the office of Deputy Inspector General of Police, Hissar. In the other 11 cases, the petitioners were alleged to have remained absent from duty for different durations of time. Learned counsel for the parties have primarily referred to the factual position in C. W. P. No. 5569 of 1992. It may be briefly noticed.