LAWS(P&H)-2008-1-149

SUCHA SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On January 23, 2008
SUCHA SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking a writ of certiorari for quashing order dated 6.7.1995 (Annexure P -1) and order dated 11.4.2005 (Annexure P -4) whereby his appeal/representation was rejected.

(2.) THE petitioner was recruited as Special Police Officer on daily wages in Government Railway Police, Punjab and was allotted S.P.O. No. 1106/GRP vide order dated 12.12.1994 by the Assistant Inspector General of Police, GRP, Punjab, Patiala. It was also mentioned in the recruitment order that he could be discharged at any time without formalities of show cause notice etc. He was discharged from service on 6.7.1995 on the ground that while performing the duty on 24.6.1995, he violated the discipline by giving beating to one Lekh Raj without any cause and he had made cause of defamation to the Police Department. The Appointing Authority, on receipt of report from Sh. Kans Raj, DSP Control Room found that the petitioner is unable to become a good Police Officer and therefore, discharged him from GRP department. The petitioner had challenged the order of discharge by filing an appeal to the Inspector General of Police, Punjab, Chandigarh on 10.11.2004 which too was rejected on 11.4.2005 vide order Annexure P -4.

(3.) COUNSEL for the petitioner has basically argued that while passing the order of discharge, no opportunity of hearing was granted nor any enquiry was held, therefore, order dated 6.7.95 is illegal and unjust.