G.R. Majithia, J. - (1.) THE Petitioner, who is a Head Constable in Punjab Police, has challenged his premature retirement from service with effect from January 18, 1989, in this petition under Articles 226/227 of the Constitution of India. The Petitioner joined the Police Force as a Constable on March 26, 1963. He passed the Lower School Course in 1967 -68 and was brought on promotion list 'C on April 1, 1968. He was promoted as Head Constable on October 7, 1970. His conduct was under two departmental enquiries. The disciplinary authority, on each occasion, ordered his dismissal from service, but the appellate authority reduced the punishment of dismissal from service to forfeiture of five years and three years of approved service respectively. On completion of 25 years of qualifying service, the competent authority ordered his premature retirement under the Punjab Civil Services (Pre -mature Retirement) Rules. 1975, (for short, the Rules). The forfeited service was counted towards qualifying service for the purpose of pension.
(2.) THE only question which requires determination is: Whether in case service is forfeited, the same can be taken into account for the purpose of determination of qualifying service for prematurely retiring a police officer from service? Rules 9.18 (2) of the Punjab Police Rules, 1934 (for short, the Police Rules) deals with compulsory retirement of a police officer. It reads as under: The Inspector -General of Police may, with the previous approval of the State Government, compulsorily retire any Police Officer, other than an officer belonging to Indian Police Service or Haryana State Police Service who has completed twenty -five years' qualifying service, without giving any reasons. An officer who is so compulsorily retired will not be entitled to claim any special compensation for his retirement. The Inspector -General of Police has absolute right to retire a police officer from service on his completing twenty -five years of qualifying service. Almost identical provisions are contained in Rule 3(1)(a) of the Rules, which reads as under: The appropriate Authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right, by giving an employee prior notice in writing, to retire that employee on the date on which he completes twenty five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice. The appropriate authority has an absolute right under this rule to retire a Government employee on completion of twenty -five years of qualifying service or on his attaining the age of fifty years or on any date thereafter in public interest. In the instant case, the order under challenge has been passed under this provision of the Rules.
(3.) THE learned Counsel for the Petitioner says that the forfeited approved service cannot be counted for determining the qualifying service for the purposes of pension, gratuity, etc. if the forfeited approved service is excluded from the Petitioner's total length of service, he does not have twenty -five years of qualifying service to his credit and the order of compulsory retirement from service could not be passed.;