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1995 Supreme(P&H) 663

N.K.SODHI
Punjab State Through Collector – Appellant
Versus
Kulwinder Singh – Respondent


Judgment

N.K.Sodhi, J.

1. The plaintiff-respondent joined the police department as a Constable and was posted in Police Lines, Bathinda. A criminal case was registered against him under Sections 420 and 471 of the Indian Penal Code in Police Station, Bathinda Cantt. On the allegation that the plaintiff had submitted a forged matriculation certificate at the time of the his enrollment in the police department. The Senior Superintendent of Police, Bathinda discharged the plaintiff from service on November 30, 1983 under Rule 12.21 of the Punjab Police Rules primarily for the reason that he had submitted a forged certificate though it was not so stated in the order. The order of discharge dated November 30,1983 was challenged by the plaintiff by filing a suit for declaration to the effect that the order was illegal, null and void and the concerned authority did not follow the proper procedure and that the order was punitive in nature.

2. The suit was contested by the State of Punjab and it was submitted that the impugned order passed by the Senior Superintendent of Police was legal and that the suit was barred by time. The trial Court held that the impugned order of discharge was illeg




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