- (1.) This regular second appeal is directed against the judgment and decree dated 15.5.1981, passed by the learned Additional District Judge, Faridkot, whereby he accepted the appeal of the respondent-department, set aside the judgment and decree dated 28.10.1980 passed by the trial Court, and dismissed the suit of the plaintiff-appellant.
(2.) In brief the facts of the case are that on 20.8.1976, appellant Sukhmander Singh, and his two accomplice Constable Karnail Singh and Constable Joginder Singh were posted at Police Station, City Moga, District Faridkot. They absented themselves from duty on 20.8.1976 at 5 p.m. and a DDR No. 37 was recorded in this regard. Later on, they were detected doing immoral activities with a girl in the area of said police station. Karnail Singh was apprehended at the spot, while Joginder Singh and the appellant remained absent from duty for 4 days, 22 hours and 30 minutes, without any leave or permission. They turned up on 25.8.1976 at 4.30 p.m. On account of their aforesaid act, they were charge-sheeted and a departmental enquiry was ordered to be initiated against them by the Senior Superintendent of Police, Faridkot. Shri Sarup Singh, District Inspector (Headquarters), Faridkot, was appointed as the enquiry officer. The enquiry officer submitted his report to the Senior Superintendent of Police, Faridkot, to the effect that Karnail Singh was responsible for doing immoral activities while the appellant and Joginder Singh were held guilty of the same and also for having remained absent from duty without permission. On receipt of the enquiry report, a show cause notice was issued to them on 11.1.1977. They were supplied copy of show cause notice, the finding of enquiry officer and the Senior Superintendent of Police, Faridkot, granted an opportunity to defend themselves. They filed their written replies. After going through the record and written replies, the appellant along with his co-accused was found guilty. The Senior Superintendent of Police dismissed them from service vide order dated 31.3.1997, communicated on 1.4.1977. Against the order of dismissal from service passed by the Senior Superintendent of Police, the appellant filed an appeal before the Inspector General of Police, Punjab. The same was also dismissed on 21.11.1979.
(3.) Thereafter, the appellant filed a suit for declaration to the effect that the order dated 1.4.1977 passed by the Senior Superintendent of Police, and order of dismissal of appeal dated 21.11.1979 passed by the Inspector General of Police, Punjab, whereby he was dismissed from service, was illegal, void, unlawful and unconstitutional, arbitrary, capricious, against the principles of law, Police Rules, and rules of natural justice, without jurisdiction and authority and, therefore, were not binding on him and he was entitled to continue in service as before 1.4.1977 and was also entitled to all service benefits.;