JUDGEMENT
J.S.Khehar, J. -
(1.) The petitioner was recruited into the police service of the State
government as a Constable on 2.4.1973. He was promoted as Head
Constable in 1978 and confirmed as such w.e.f. 31.8.1986. The
Superintendent of Police, Railways, Haryana, exercising the powers vested
in him under Rule 9.18 (ii) of the Punjab Police Rules (hereinafter referred
to as the Police Rules) issued a notice dated 2.3.2004 (Annexure P-4) to the
petitioner informing him, that he would stand retired from service on the
expiry of three months from the date of receipt of the notice by him. The
acknowledged factual position is, that the notice dated 2.3.2004 was
received by the petitioner on 5.3.2004, and as such, in terms of the order
dated 2.3.2004, the petitioner would stand retired w.e.f. 4.6.2004.
Despite the order dated 2.3.2004 (Annexure P-4), the
(2.) Superintendent of Police, Railways, Haryana, passed another order dated
11.3.2004 (Annexure P-5), retiring the petitioner with immediate effect. Be
that as it may, the order dated 11.3.2004 was withdrawn by a superseding
order dated 15.3.2004 (Annexure P-6) by expressly noticing, that the
petitioner had already been issued a notice dated 2.3.2004 retiring him from
service.
(3.) It is at this stage, that the petitioner filed the instant writ
petition, wherein notice of motion was issued on 20.4.2004. During the
pendency of the instant writ petition, C.M. No.8362 of 2004 was filed by
the petitioner, enclosing therewith an order dated 4.5.2004 (Annexure P-7)
vide which the Superintendent of Police, Railways, Haryana, again ordered
the retirement of the petitioner with immediate effect. Through the instant
writ petition, the orders dated 2.3.2004 (Annexure P-4) and 4.5.2004
(Annexure P-7) have been impugned by the petitioner.;
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