CWP 11438 of 2024 Ex. Constable Jaswinder Singh No. 1539/Sgr VS.
State of Punjab and others
1. Date of Birth :- 14.10.1954
2. Date of Joining :- 05.11.1975
3. Date of Dismissal :- 16.10.1991
4. Constable Jaswinder Singh No.1539/Sgr was absent from duty from 04.11.1990 to till date of his
dismissal and he was marked absent from Police Station Dirba vide DDR No. 22 dated 4.11.1990.A
show cause notice was sent to noticee through SHO, PS, Dhanuala bearing no. 20500-01 dated
24.12.1990 which was received and signed by his wife Manjit Kaur on 05.01.1991 in which she has
admitted that her husband i.e Constable Jaswinder Singh had gone aboard. Such report was duly
endorsed by SHO, PS, Dhanuala vide report dated 06.01.1991.After which an order of department
enquiry was passed against him vide order no.1968/B dated 28.02.1991 and Inspector Somdutt SHO
Police Station Lehra was deputed as enquiry officer. As summary sheet was prepared on 25.04.1991
but the noticee have not made him present during the D/E. Presence notices No. 1 to 3 were served to
delinquent official which were received by his mother Gurdev Kaur under her signature. Then ex-parte
order was issued on 17.04.1991. and statement of witnesses were recorded by the enquiry officer in
his absent on 30.04.91 and 02.05.1991 . Charge Sheet was prepared on 05.05.1991 which was
approved by SSP Sangrur on 23.05.1991. A notice along with Charge Sheet Copy and to produce
defence witness were sent through the spl Messenger i.e. Const. Ramphal Singh which was served to
the delinquent official's wife Manjeet Kaur at his home address under her signature on 25.05.1991. A
notice of last opportunity given to produce defence witness were sent through the spl Messenger i.e.
Const. Ramphal Singh which was served to the delinquent official wife Manjeet Kaur at his home
address under to her proper signature on 27.05.1991. Finding report was prepared on 04.06.1991 and
was produced before the SSP SGR.A show cause notice to produce himself in 10 days, along with
finding report were sent through the spl Messenger i.e. Const. Atama Singh which was served to the
delinquent official at his home which was received by his wife Manjeet Kaur under her signature on
23.08.1991. A show cause notice to produce himself in 5 days was served to the delinquent official
which was received by his wife Manjeet Kaur under her signature on 02.10.1991. In the show cause
notice 10 days time was given for written reply and personal appearance, but he did not send any
written reply nor he did come present for appearance before the SSP Note: Full opportunities to
defend himself was granted to him at every stage in the D/E proceedings, as well as by the punishing
authority.Then the noticee was dimissed from the service w.e.f 16.10.1991 AN vide order dated 17063-
66/B dated 17.10.1991. He did not prefer any appeal before the appellate authority against the
dismissal order dated 16.10.1991.
Jaswinder Singh filed a Suit no 397 Dated 23-09-1994 in the court of Senior Sub Judge, Sangrur, for
declaration to the affect that dismissal order passed Supdt. of police Sangrur is illegal, ultravires,
unconstitutional, malafide, null and void, against principles of natural justice and against service rules
and regulations governing service of the plaintiff (noticee) and plaintiff (noticee) continues in service as
if aforesaid order had never been passed with all rights, benefits and privileges attached to the post
which have already been accrued or likely to accrue in future.
That since the noticee(plaintiff) failed to appear in the said suit for pursuing his case, so his suit
was dismissed for want of prosecution by the Hon’ble Court vide order dated 23.11.1995. Order dated
23.11.1995 passed by the Hon’ble Court of Sub Judge Ist Class, Sangrur is reproduced as under:-
“ Case Called several times but neither the plaintiff nor his counsel is present. Suit is dismissed under
order 9 rule 8 cpc. File be Consigned to the record room.
Pronounced in the open Court.
NOV 23, 1995 sd/ G.S.Dhiman
Sub Judge ist class
Sangrur.”
That feeling dissatisfied against the said order of the Hon’ble Court, Jaswinder Singh did not prefer any
appeal before the appellate Court against the order dated 23.11.1995 passed by the court of Sub Judge
1st Class, Sangrur.
