Viney Mittal, J. - (1.) THE defendants, State of Punjab and others, having lost before the learned first Appellant Court have approached this Court through the present regular second appeal.
(2.) THE facts which emerge from the record show that plaintiff -Budha Singh filed a suit for declaration to the effect that the Order dated November 23, 1993 passed by the Senior Superintendent of Police, Gurdaspur, defendant No. 2 vide which the plaintiff was retired from service prematurely was illegal and bad. He also challenged the order dated July 14, 1994 vide which the Director General of Police, Punjab rejected the subsequent request made by the plaintiff for withdrawal of his resignation/request for premature retirement. The plaintiff pleaded that he was enlisted as a Constable with the Punjab Police with effect from March 14, 1972. In 1991, the son of the plaintiff was murdered by the terrorists. It was claimed by him that on account of the aforesaid, fact, the plaintiff was mentally disturbed and therefore, he filed an application on November 18, 1993 seeking his voluntary retirement. The aforesaid request of the plaintiff was accepted on November 23, 1993 by the Senior Superintendent of Police. Subsequently, the plaintiff filed an application on February 16, 1994 withdrawing the aforesaid request made by him on November 18, 1993. The aforesaid request made by the plaintiff was forwarded to the Director General of Police, Punjab. Since in the meantime, the Senior Superintendent of Police had already accepted the request of the plaintiff, therefore, the Director General of Police on July 14, 1994 rejected the request of the plaintiff. The plaintiff claimed that the aforesaid Orders passed by the Senior Superintendent of Police and the Director General of Police were illegal and bad. Consequently, he filed the suit in question.
(3.) THE defendants contested the claim of the plaintiff. It was maintained by them that while filing the application on November 18, 1993, the plaintiff had requested that he be retired with effect from December 1, 1993. Consequently, the Senior Superintendent of Police accepted the aforesaid request of the plaintiff on November 23, 1993 and the plaintiff was ordered to be retired with effect from December 1, 1993. In these circumstances, the defendants maintained that any subsequent application of the plaintiff on February 16, 1994 withdrawing his original request was wholly without any basis, inasmuch as the original request of the plaintiff had already been accepted in the meantime. Consequently, the Director General of Police had rightly dismissed the request of the petitioner on July 14, 1994.;