- (1.) Succinctly, the facts, culminating in the commencement, relevant for disposal of instant writ petition and emanating from the record, are that the Petitioner was selected and appointed as a Constable in Haryana Police in the month of July, 1989. He was duly medically examined by the Chief Medical Officer, Jind and was found fit to perform his duty. Thereafter, having verified his antecedents and completed the other formalities, the Petitioner was enrolled as a Constable on 1.10.1989 in Haryana Police. After successfully completing the training of Recruit Basic Course (for brevity ''RTC'') at Madhuban on 1.7.1990, he was transferred to 4th Battalion Haryana Armed Police (for short ''HAP''). The Petitioner was stated to have performed his duties with diligence, efficiently and to the utmost satisfaction of his superior officers. There was no complaint against him whatsoever either during the training period or thereafter.
(2.) The Petitioner claimed that in pursuance of some general anonymous complaint, the Director General of Police, Haryana (Respondent No. 2) issued a letter dated 20.8.1990 (Annexure P1) to all SPS and Commandants to the effect that it has come to his notice that about 12 constables had managed to get recruitments and undergone training, who were physically disabled and directed them to take action against them under Rule 12.21 of the Punjab Police Rules (hereinafter to be referred as ''PPR''). The same letter was reiterated by the Deputy Inspector General, Haryana (Respondent No. 3), by virtue of order dated 30.8.1990 (Annexure P2), containing the list of names of such 12 constables in Annexure P2/A. The Commandant 4th Battalion HAP, Madhuban (Respondent No. 4) wrote a letter dated 15.11.1990 (Annexure P3) to concerned CMO for re-medical examination by medical team/Board of Doctors of such constables, including the Petitioner. Consequently, the Petitioner and similarly situated constables Krishan Kumar and Kuldeep Singh were re-medically examined by the Board of Doctors. They were found physically fit to handle the fire arms and law and order situation in police department, by means of certificate dated 21.11.1990 (Annexure P4). Although the Petitioner was found physically fit to handle the fire arms, law and order situation, but still he was stated to have been illegally discharged from service with immediate effect in an unlawful manner by the Respondents in the garb of Rule 12.21 of PPR, by way of single line impugned order dated 25.9.1991 (Annexure P5).
(3.) The Petitioner did not feel satisfied and preferred the instant writ petition, challenging the impugned termination order (Annexure P5), invoking the provisions of Articles 226 and 227 of the Constitution of India, inter-alia pleading that the impugned discharge order does not fall within the ambit of Rule 12.21 of the PPR, inasmuch as, it was not passed independently but in pursuance of the directions of Respondent Nos. 2 and 3. There was no complaint against the work and conduct of the Petitioner, nor any notice was aver issued to him in this regard.;