IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 6904 of 2009
DATE OF DECISION : SEPTEMBER 23, 2009
KAMAL GIR
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Gupreet Singh, Advocate, for the petitioner(s).
Mr. BS Chahal, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition under Articles 226/227 of the Constitution of
India is directed against order dated 17.4.2009 (Annexure P-13)
whereunder the Commandant 13th Battalion, P.A.P., Chandigarh
(respondent No.3), has imposed the punishment of dismissal on the
petitioner, who was serving as a Constable.
The facts, as brought out, are that the petitioner had been
serving as a Special Police Officer in Police District Khanna with effect
from 20.10.1992. There were certain complaints against the petitioner of
Civil Writ Petition No. 6904 of 2009 2
being a habitual absentee. Be that as it may, the petitioner was discharged
from service of Special Police Officer with effect from 24.9.1995.
It seems that on 26.5.1997, the petitioner came to be
appointed as a Constable. It is the case of the respondents that if the
petitioner had not concealed the material fact viz. his discharge as Special
Police Officer, the petitioner would not have been considered for
appointment as Constable. When this fact came to light, a regular
departmental inquiry was initiated. The Inquiry Report, placed on record
as Annexure P-10, indicates that it has been concluded that the petitioner
had intentionally concealed the fact at the time of recruitment as
Constable, whereupon the impugned order (Annexure P-13) came to be
passed, after issuance of a show cause notice.
After arguing the matter for some time, learned counsel for
the petitioner wants to withdraw the petition to enable the petitioner to
take recourse to alternate remedies.
Dismissed as withdrawn.
September 23, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?