VIKAS BAHL
Jai Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a civil writ petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the impugned notice dated 12.01.2024 (Annexure P-5) issued by respondent no.4 vide which the petitioner has been served notice of retirement under Rule 9.18 (1) (c) of the Punjab Police Rules (as applicable to Haryana).
2. Brief facts of the present case are that the petitioner had joined the respondent department on 19.11.2008 as a Constable and was thereafter promoted to EHC on 20.11.2021 and a regular departmental enquiry was initiated against the petitioner along with other employees on the charges of demanding illegal gratification and accepting the same from a vehicle driver. In the said departmental proceedings, statements of 7 PWs were recorded and due opportunity of cross-examination was given to the petitioner and other persons and after following the due procedure, the Enquiry Officer submitted its report dated 03.11.2021 holding the delinquent officials including the petitioner guilty of the charges levelled against them. The Superintendent of Police vide order dated 07.01.2022 (Annexure P-1) afte
Baikuntha Nath Das v. Chief District Medical Officer, Baripada
The court affirmed that an appointing authority can retire an employee at 55 years without prior hearing, as per Rule 9.18 of the Punjab Police Rules, and principles of natural justice do not apply.
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