G.S. Singhvi, J. - (1.) This appeal is directed against order dated July 23, 1992 vide which the learned Single Judge dismissed Civil Writ Petition No.18648 of 1991 filed by the appellant for quashing order dated 24.10.1991 passed by the Superintendent of Police, Bhiwani (respondent No.3) under Rule 12.21 of the Punjab Police Rules 1934 (for short, the Rules'), as applicable to the State of Haryana.
(2.) The appellant was recruited as Constable on 2.12.1988. A departmental enquiry was held against him in the year 1990. On receipt of enquiry report, respondent No.3 issued notice dated 12.9.1991 vide which he called upon the appellant to show -cause against his proposed dismissal from service. After nine days, the said respondent served another notice upon the appellant requiring him to appear for personal hearing on 24.10.1991 and on that very day, he passed order of discharge under Rule 12.21 of the Rules.
(3.) The appellant challenged the order of discharge in Civil Writ Petition No. 18648 of 1991 mainly on the ground that it was punitive in character and respondent Nos. 3 could not have indirectly dismissed him from service without holding enquiry in accordance with the Rules and without complying with the provisions of Article 311 of the Constitution of India.;