S.D. Anand, J. - (1.) FACTS , apparent from the material obtaining on the file, are as under: The plaintiff -respondent had been recruited as an S.P.O. in the Police District, Batala on 12.2.1989. The Competent Authority ordered his discharge from the Police Force vide order dated 13.2.1993 which (order) purports to have been granted in terms of police rules 12.21 of the Punjab Police Rules, 1934 (hereinafter referred to as "the Rules").
(2.) THE plaintiff -respondent challenged the validity of that order on the plea that it was not a case of discharge simplicitor in terms of the aforementioned Rules and that, in fact, the impugned order stigmatising him is penal in character which could not have been granted without holding of a regular departmental enquiry. The learned Trial Court dismissed the suit, vide judgment and decree dated 28.1.2000. In a judgment of reversal, the learned First Appellate Court allowed the appeal and invalidated the impugned order. The Competent Authority was, however, granted liberty to hold an enquiry in accordance with law and to pass an appropriate order thereafter.
(3.) THE State of Punjab and its two functionaries (Senior Superintendent of Police, Batala and Inspector General of Police, Border Force, Amritsar) are in appeal.;