SAMAN RANI Vs. M S MALIK
LAWS(P&H)-2001-12-16
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 20,2001

SAMAN RANI Appellant
VERSUS
M.S.MALIK Respondents

JUDGEMENT

- (1.) This is a petition under Ss. 10 and 12 of the Contempt of Courts Act (in short 'the Act') for intentionally and wilfully violating the judgment of this Court passed in CWP No. 443 of 1999 decided on 21-9-1999.
(2.) Petitioner was enrolled as Constable with Haryana Police on 31-8-1995. FIR was registered, followed by a show cause notice dated 8-4-1997 issued by the suprein-tendent of Police, Hissar, whereby the petitioner was asked to show cause why she should not be discharged from service under Rule 12.21 of the Punjab Police Rules, 1934 (hereinafter referred to as 'the Rules') for submitting a wrong date of birth certificate. The petitioner filed reply to the show cause notice, finding the reply not satisfactory, she was discharged from service vide order dated 20-4-1998 against which the petitioner approached this Court by filing CWP No. 443 of 1999.
(3.) After hearing both the parties, Division Bench of this Court disposed of the writ petition by passing the order Annexure P-1, relevant portion of which reads as under :- "For the aforesaid reasons recorded above, we hold that the impugned order dated 20-4-1998 was clearly beyond the scope of Rule 12.21 of the Punjab Police Rules, we also hold that the aforesaid order was illegal as the rules of natural justice had not been observed before adversely affecting the petitioner's rights. The instant petition is accordingly allowed and the impugned order dated 20-4-1998 is quashed. In the aforesaid view of the matter, the petitioner shall be deemed to be continuing in service and will also be entitled to all consequential benefits in the nature of pay and allowances etc. which she was deprived of by the impugned order. It is, however, clarified that it would be open to the authorities concerned to re-determine the issue relating to the date of birth of the petitioner by affording the petitioner a reasonable opportunity as contemplated under the rules of natural justice.";


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