Punjab State and another vs Balbir Singh

Ajay Tewari, J.—This appeal has been filed against concurrent judgments of both the Courts below decreeing the suit of the respondent challenging the order of punishment dated 2.9.1985 passed by the Senior Superintendent of Police, Gurdaspur forfeiting two years of service of the respondent.

Both the Courts below found in law that even though the appointing authority of the respondent was the Deputy Inspector General of Police (who had promoted the respondent as ASI), the order having been passed by the Senior Superintendent of Police was not competent in law. On merits, both the Courts found on re-appreciation of the evidence led in the departmental inquiry that the charge was not brought home against the respondent.

No question of law was proposed at the time when this appeal was filed. Today, counsel for the appellants has argued that the substantial question which arises in this case is whether the civil Court can re-appreciate the evidence led before the disciplinary authority ?

In my considered opinion, once it is not disputed that the order of punishment was not passed by the competent authority, it would have to be set aside and, therefore, the question of law proposed by counsel for the appellants would not need to be answered in the facts and circumstances of the present case. Consequently, this appeal is dismissed.

No costs.