STATE OF PUNJAB ETC. vs BALWINDER SINGH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(P&H) 1085

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
STATE OF PUNJAB ETC. – Appellant
Versus
BALWINDER SINGH – Respondent

JUDGMENT :

NAMIT KUMAR , J .

1. The appellant-State has filed the instant Regular Second Appeal challenging the judgment dated 04.01.1994, passed by the learned Additional District Judge, Ferozepur, whereby the appeal filed by the State against the judgment and decree dated 09.10.1991, passed by the learned Sub Judge, III Class, Ferozepur, in favour of the plaintiff/respondent was dismissed. Parties to the lis hereinafter shall be referred to as per their original position before the learned Trial Court.

2. Briefly stated, the facts of the case are that the respondent/plaintiff was initially enrolled as Constable on 27.10.1981 in 13^th Battalion of Punjab Armed Police (for short, 'PAP'), Jalandhar, from where he was dismissed on 13.05.1986 on account of absence from duty. Thereafter, he was enrolled as a Constable on 28.10.1987 in Ferozepur Range, from where he was discharged from service on 03.09.1988 by the Senior Superintendent of Police, Ferozepur, under Rule 12.21 of the Punjab Police Rules, 1934 (hereinafter referred to as 'PPR'). The said order of discharge was challenged by the respondent/plaintiff by filing a suit for declaration before the Civil Court at Ferozepur on 19.07.19