D.V. Sehgal, J. - (1.) The petitioner was recruited as a Constable in the Haryana Police and he joined duty on 15 2.1980 When he was on duty in the Police Station, Sadar Hansi, on 15.2.1983 a wireless message was received at the said Police Station addressed to him requiring him to report immediately to the Commandant, Fourth Battalion at Madhuvan. According to him, he was relieved from the said Police Station and reached Madhuvan the next day where he :vas told by his colleagues that he had been discharged from service with effect from 10.2.1983. His grievance is that his services were dispensed with without assigning any reason and without affording him reasonable opportunity and as such the order amounts to his removal from service and is in fact mala fide. He made representation to the authorities that he should be supplied with a copy of the order discharging him from service but the same was not supplied. He also requested for release of the amount of his General Provident Fund but it had not been paid to him. He consequently filed the present writ petition in this Court with a prayer that the oral order of his removal from service conveyed to him on 15.2.1983, and which was made operative from 10 2.1983, should be quashed and that any other writ, direction or order be given to the respondents as it may be deemed fit in the circumstances of the case.
(2.) It was during the pendency of the writ petition that a copy of the office order dated 14.2.1983 Annexure P.5, vide which he was discharged from service, was supplied to him, and which was then annexed with the writ petition. This carder is to the effect that the petitioner was unlikely to prove an efficient police officer. As such, the Commandant the appointing authority, ordered his discharge from the police force with effect from 10 2.1983 under rule 12.21 of the Punjab Police Rules, 1934 (hereinafter called the Rules').
(3.) The respondents filed the written statement where- in it was averred that the petitioner was discharged from service under rule 12.21 of the Rules by the Commandant, Fourth Battalion. An order to this effect was passed by him on 10.2 1983 which was conveyed to the petitioner through a teleprinter message No. 1452 dated 14 2.1983 which is annexed with the petition as Annexure P.5 and has also been appended with the written statement as Annexure R. 1. It is further stated that vice Annexure R. 1 the petitioner was required to report at the Battalion Headquarters, Madhuvan, with bag and baggage. He, however, did not report there for clearance and proceedings for the recovery of uniform articles against him are still pending. It was denied that the petitioner's record of service was unblemished. He had been awarded punishment on 15.5.1981 as 15 day's punishment drill for taking liquor while posted on duty at the Guest House. Again, he was awarded 15 day's punishment drill and a written warning on 15 8.1982 for having absented himself from duty and for the third time ten days punishment drill on 29 9.1982. Since the petitioner had not yet completed three years service, the appointing authority being of the opinion that he would not prove an efficient police officer-discharged him from service under rule 12.21 of the Rules.;