- (1.) Punjab State and others have filed the present regular second appeal against judgment and decree dated 06.03.2000 passed by Additional District Judge, Faridkot whereby judgment and decree dated 30.05.1998 passed by Civil Judge (Jr. Divn.), Faridkot was set aside and the suit of the plaintiff-respondent was decreed at appellate stage. Declaration was given to the effect that the plaintiff-respondent be reinstated in service from the date of discharge and be considered in continuous service with all consequential benefits of pay etc. However respondents were held at liberty to proceed against the plaintiff-respondent by way of conducting inquiry and pass appropriate order after giving him opportunity of being heard.
(2.) Plaintiff-Respondent filed suit for declaration to the effect that the orders dated 30.10.1992 passed by Senior Superintendent of Police, Faridkot and order dated 20.09.1993 passed by Deputy Inspector General of Police in appeal removing him from service were illegal, unjust, improper and based on no evidence. Those orders were claimed to be stigmatic, punitive and violative of principles of natural justice. The orders were claimed to be unconstitutional, null and void.
(3.) Brief facts as gathered from the record are that the plaintiff-respondent was appointed as Constable in the Punjab Police on 15.11.1989 and was put on probation for a period of three years. Plaintiff-Respondent was discharged from service under Rule 12.21 of Punjab Police Rules, 1934 (hereinafter referred to as 'the Rules') on the basis of six monthly reports submitted by the Station House Office, Police Station Kotwali, Faridkot. The work and conduct of the plaintiff-respondent was not found to be satisfactory and it was held that he was not going to be good and efficient police officer. Therefore, Rule 12.21 of the Rules was pressed into service to discharge the plaintiff-respondent from service. Plaintiff remained unsuccessful in departmental appeal which was dismissed by the Deputy Inspector General of Police on 20.09.1993.;