S. P. Goyal, J. - (1.) Respondent Sukhdev Singh was appointed as a Foot Constable in the Police Department of the Patiala and East Punjab States Union by the Inspector General of Police on May 20, 1949. He was promoted as an officiating Head Constable in April, 1952 however, on Sept. 18, 1952, ho was reverted to the post of Foot Constable and an enquiry was ordered to be instituted against him by the Assistant Inspector General of Police, Patiala. The charge levelled against him is that he was found drunk in the Police Lines and in that state of mind uttered in-disciplinary and abusive remarks against the Inspector General of Police.
(2.) At the enquiry, the Enquiry Officer did not record any evidence because according to him, in reply to the charge-sheet, the respondent had admitted his guilt in the written statement filed by him and submitted his report accordingly. The report was accepted by the punishing authority and after issuing show-cause notice, order dated July 16, 1960 dismissing the respondent from service was passed.
(3.) The respondent has challenged the order of his dismissal from service on the grounds that it was not passed by a competent authority and that no proper enquiry was held against him. The trial Court negatived both the pleas and dismissed the suit. On appeal, the learned District Judge, Patiala upheld the plea of the respondent that no proper enquiry was held with the result that the judgment of the trial court was reversed and the order of dismissal declared void.;