LPA No. 1406 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1406 of 2010 (O&M) Date of Decision 03.02.2011 Usha Rani ---Appellant Versus State of Haryana & others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Y.P. Malik, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 02.02.2010 passed by the learned Single Judge holding that the writ petitioner-appellant who was probationer Constable and joined as such on 11.01.1989, was rightly discharged from service on 08.03.1991. According to discharge order, it has been stated that the writ petitioner-appellant is found unlikely to become an efficient police officer and discharged from service under Rule 12.21 of the Punjab Police Rules, 1934 (for brevity 'the 1934 Rules'). The matter is squarely covered against the writ petitioner-appellant by a Full Bench judgment of this Court in the case of Sher Singh v. State of Haryana and others 1994 LPA No. 1406 of 2010 (O&M) -2- (2) SLR 100. According to the view expressed by the Full Bench, a Constable can be discharged from service under 12.21 of the 1934 Rules, at any time within three years of his enrolment inspite of the fact that there is a specific allegation which may even amount to misconduct against him. The aforesaid view is discernible from perusal of para 39 of the aforesaid judgment. There is, thus, no merit in the appeal. 2. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE February 3, 2011 Atul