Kulwant Singh Etc. v. State Of Pb.Etc.












 



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"PETITION under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction especially a writ in the nature of Certiorari quashing the action of Respondents in striking off the names of petitioners from the Rolls of S.P.Os on the ground that they have been involved in a criminal case and then not re-instating/restoring the petitioners to their original position inspite of the fact that they have honourably been acquitted by a Judicial verdict even though it involves quashing of the discharge orders No. 34679-80/SPO Cell dated 1.11.97 (P-2) and No. 34677-78/SPO CELL dated 1.11.97(P-3) which were prepared by respondents but not served upon the petitioners till date being illegal, arbitrary, discriminatory, in colourable exercise of authority, in violation of Articles 14 and 16 of the Constitution and in violation of law laid down by the Hon'ble High Court and Hon'ble Supreme Court.

It is further prayed that a writ in the nature of Mandamus may be issued directing the respondents to reinstate the


petitioners as S.P.Os and also to consider them for appointment as Constables and to issue them constable numbers as they had been duly selected for appointment as Constables but they could not be issued Appointment Letters because of prosecution launched against them in Criminal Court as now they have been acquitted from the criminal charges by judicial verdict (Annexure P-1), as has been done in case of other similarly situated persons after their acquittal.

It is further prayed that an interim direction may be given to the respondents to call back the petitioners on duty forthwith.

It is further prayed that the petitioner may kindly be held entitled to all the consequential benefits in form of pay, fixation of the salary, back wages etc. etc.. with interest. It is further prayed that this Hon'ble Court may issue any other writ, order or direction which it may deem fit in the facts and circumstances of the case."

Order dated 11.10.2001
After hearing the learned counsel for the petitioner, we are of the opinion that the petitioner is required to approach the concerned authorities in respect of joining his duties on the basis of the order of the Court acquitting him in the criminal case. Let this petition be treated as a representation and the same shall be duly considered and decided in accordance with law, by a speaking order, by the competent authority, expeditiously say within one month of the receipt of a certified copy of this order. The petition stands disposed of.

On a separate request, a copy of the order be given dasti on payment of usual charges."



 

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After the close of prosecution evidence, statement of accused Kuldip Singh was recorded under Section 313 Cr. P.C. The statements of other accused under Section 313 Cr.P.C. were dispensed with as there was no incriminating evidence to be put to them. The material witnesses examined by the prosecution had not identified the remaining accused.

xxxx xxx xxx 17.

P.W.9 Ravinder Singh deposed that two years ago he had boarded Punjab Mail 3006 bound for Hawra. He was to go to Patna. The train started at 6.30 P.M. from Amritsar. He was travelling in the ordinary class. When the train reached near Railway Station Rajpura, two police officials in uniform armed with weapons entered their compartment and started pressurising the passengers as to why they were carrying heavy load of luggage. They started demanding money on one pretext or the other and started beating the passengers. The police officials had also demanded bribe from him but he had not paid. One of the passengers pulled the chain. The officials were under the influence of liquor. The moment the train stopped, the police officials rushed out of the compartment. One of the said persons was present in the Court. The witness pointed out towards Kuldip Singh accused. The passengers started raising slogans against Punjab Police.


Thereafter the train started and stopped at Railway Station Rajpura. The matter was reported to the police. His complaint was Ex. PG. In his cross-examination this witness deposed that he had not mentioned the description of Kuldip Singh in complaint Ex. PG. Some of the details given by him were not mentioned in Ex. PG. He did not meet the Railway Station Master. He did not participate in any identification parade and did not know the accused earlier. He could not tell as to from how many persons Kuldip Singh had received the money.

xxx xxx xxx 20.

Again P.W. 11 Ushesha Ram deposed that on 29.10.1997, he alongwith 14 other persons were going from Amritsar to Bihar in a train. They had purchased the tickets. when the train left Ludhiana, five police men came in the compartment and asked them to show tickets. The said police men demanded money from them but they had not paid the same. When they resisted their demand the said police officials started beating them. The police officials then alighted from the train at Rajpura. They had made hue and cry. The said police men did not snatch any thing from them . The accused present in the Court were not the police men referred by him in his statement today. The said witness was declared hostile but nothingfruitful could be elicited by the Addl. Public Prosecutor for the State during cross-examination.

21.

P.W. 12 Khatar Ram deposed that on 29.10.1997, he alongwith 14 other companions were travelling in Hawra Mail. When the train left Railway Station Amritsar, six police officials came in their compartment under the influence of liquor. they were armed with weapons. They started checking their tickets and said that their tickets were invalid and demanded Rs.50/- from each of them. Some of the passengers had given them Rs.50/- each. When the train left Ludhiana Station, the said officials had asked them to give the said amount. They refused to give them the amount as their tickets were valid. Upon this an altercation took place between the police officials and passengers and they had beaten them. Thereafter one of the police men pulled the emergency chain and the train halted and they alighted from the train. They reported the


matter to the Guard. When the train reached at Rajpura, they started raising slogans against the police. He had seen the accused present in the court but none of them were the culprits who had snatched the articles from them in the train.   333   333   333  !455

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"28. Expressions like "benefit of doubt" and "honorably acquitted", used in judgments are not to be understood as magic incantations. A court of law will not be carried away by the mere use of such terminology. In the present case, the Appellate Judge has recorded that Exh. P-3, the original marksheet carries the date of birth as 21.04.1972 and the same has also been proved by the witnesses examined on behalf of the prosecution. The conclusion that the acquittal in the criminal proceeding was after full consideration of the prosecution evidence and that the prosecution miserably failed to prove the charge can only be arrived at after a reading of the judgment in its entirety. The court in judicial review is obliged to examine the substance of the judgment and not go by the form of expression used.E

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"7. There is no dispute that a public servant can not be dismissed or removed from service as a measure of punishment without holding a due and proper enquiry. However, the petitioner cannot claim the status of a Constable as he was never absorbed as such and therefore, the Punjab Police Rules do not apply. The SPO is appointed under Section 17 of the Police Act which allows the police Authorities to appoint the residents of neighbourhoods where the threat to peace is contemplated and the police force ordinarily deployed is considered not sufficient. Therefore, the nature of enlistment of the petitioner was such that he cannot claim to be a member of the service.

Since he was a daily wager and has been discharged, no opportunity of hearing is required, especially when the Appointing Authority has passed the order of discharge on the receipt of report from D.S.P. The judgments cited by the State counsel in the cases of Raminder Singh (supra) and Parveen Kumar (supra) squarely covers the facts of this case against the petitioner. Thus, we do not find any merit in this petition and the same is dismissed without order as to costs.

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