IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 345 of 2011 (O&M) Date of Decision : April 06, 2011 Raj Kumar ….Appellant Versus State of Haryana and others …. Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. S.S. Rangi, 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 the judgment dated 19.3.2010 rendered by the learned Single Judge holding that the appellant has been rightly discharged from the service as Constable exercising power under Section 12.21 of the Punjab Police Rules, 1934 (for brevity 'the Rules). 2. It is admitted position that the appellant was a probationer and yet to complete his three years period of probation. The discharge order does not attract any punishment and, therefore, could not call L.P.A. No. 345 of 2011 (O&M) -2- for holding of any regular enquiry. The aforesaid question came up for consideration before a Full Bench of this Court in the case titled as Sher Singh Vs. State of Haryana and others, 1994(2) SLR 100 and their Lordships of the Full Bench, has held that a Constable can be discharged from service under Rule 12.21 of the Rules at any time within a period of three years. The Rule does not enjoin upon the authority to wait for a Constable to commit consistent lapse or mis- behaviour. The action can be taken under Rule 12.21 of the said Rules at any time within three years of his enrolment in respect of the fact that there is a specific allegation which may even amount to misconduct against him. 3. Having heard learned counsel, we are of the view that the matter is squarely covered against the appellant by the Full Bench judgment of this Court rendered in Sher Singh's case (supra) and no interference in the matter is called for. The appeal is wholly without any merit and the same is, hereby dismissed. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) April 06, 2011 JUDGE satish