The officer who passed the order did number describe himself as Superintendent of Police Headquarters .
This finding of the Trial Court has been affirmed by the learned District Judge on appeal.
It is submitted that the respondent has number alleged or established that the officer who signed the dismissal order whether Sri P.Virdi or another was number having companytrol over him.
The Trial Court was of the opinion that only the Superintendent of Police, in charge of the District is companypetent to dismiss a police companystable under the relevant rules.
The Second Appeal preferred by the State of Punjab has been dismissed by the High Court in limine, as stated above.
At the foot of the said order, the names of persons to whom companyies of the said order was sent are mentioned.
The order is signed by Superintendent of Police, Patiala.
Respondent submitted his reply.
The respondent was a police companystable.
The relevant file relating to disciplinary proceedings was also transferred to Patiala.
From District Sangrur he was transferred to District Patiala.
Thereafter, there is the signature of Sri P.Virdi, I.P.S., Superintendent of Police, Patiala.
The respondent filed a suit challenging the order of his dismissal.
At that stage, it appears, he was transferred from Ropar to District Sangrur.
The Trial Court decreed the suit on the only ground that the order of dismissal has number been passed by the Superintendent of Police in charge of the District but by Sri J.P.Virdi who was only a Superintendent of Police Headquarters .
At the companyclusion of the disciplinary inquiry, the Superintendent of Police, Ropar, gave a numberice to the respondent calling upon him to show cause why he should number be dismissed from service.
On April 25, 1984 an order was passed dismissing the respondent from service.
This appeal arises from the order of a learned Single Judge of the Punjab and Haryana High Court dismissing the Second Appeal preferred by the State of Punjab in limine.
a disciplinary inquiry was held against him for unauthorised absence from duty.
P.JEEVAN REDDY.J. Leave granted.
Heard companynsel for both the parties.
