Case Note & Summary
The dispute involved the discharge of a temporary lady constable from the Punjab Police. The appellant, Rajinder Kaur, was appointed on 7.5.1979 and discharged on 9.9.1980 under Rule 12.21 of the Punjab Police Rules, 1934, based on allegations that she was unlikely to prove an efficient police officer. The discharge order was challenged through various legal avenues, including a representation to the Deputy Inspector General of Police, which was rejected, and a civil suit that was dismissed. The appellant contended that the discharge was punitive and made without due process, as she was not provided with a charge-sheet or an opportunity to defend herself. The respondents argued that the discharge was within the rules and not punitive. The Supreme Court analyzed the nature of the discharge order, concluding that it was a camouflage for dismissal due to misconduct, violating Article 311(2) of the Constitution. The court emphasized that even if the government had the right to terminate employment, it could not do so based on misconduct without following the proper procedure. The court quashed the discharge order, reinstated the appellant, and directed the authorities to pay her emoluments. The appeal was allowed with costs.
Headnote
A) Constitutional Law - Discharge from Service - Violation of Article 311(2) - Discharge order was made without following due process - Constitution of India, Article 311(2) - The court held that the discharge of the appellant was a punishment for misconduct without providing her an opportunity to defend herself, thus violating her constitutional rights. The order was quashed and set aside. (Paras 503-506).
Issue of Consideration
Whether the discharge of the appellant from service was unconstitutional and liable to be quashed.
Final Decision
The Supreme Court quashed the discharge order, reinstated the appellant, and directed payment of emoluments within eight weeks.
Law Points
- Discharge from service
- Article 311(2)
- Punjab Police Rules
- 1934
- Misconduct
- Opportunity of hearing
