JUDGMENT

ORDER :— The appellants in these two appeals were members of the Police Force in the State of Punjab belonging to various ranks such as Constables. Head Constables, Assistant Sub Inspectors and Sub Inspectors of Police. There are 65 appellants in Civil Appeal No. 3183 of 1983 and there are 52 appellants in the cognate appeal. Thus we have before us the case of 117 persons.

2. To begin with, the factual matrix. Disssatisfaction about the conditions of service of members of the Police Force in the State of Punjab led to an agitation which at its height was in the form of a procession and some demonstration. The State of Punjab initiated disciplinary action and dismissed about 1100 members of the Police Force on the ground that they had participated in an agitation which was impermissible under the rules governing the discipline in the Police Force of the State of Punjab. A number of criminal prosecutions were filed against the participants in the agitation. Some of the members of the Police Force who were dismissed from service filed writ petitions in the High Court of Punjab and Haryana, but they were dismissed. It appears that after the dismissal of the writ petitions about 1000 former members of the Police Force were reinstated and criminal cases pending against some of them were withdrawn. In this behalf the submission of the State of Punjab is that a Committee consisting of members of the superior rank of the Police Force was constituted by the State Government to review the cases of the dismissed agitators and reinstatement followed on the recommendations of the Committee. We will have occasion to revert to this aspect of the matter later on. The Committee consisted of Director General of Police, Deputy Inspector General of Police CIB, Assistant Inspector General of Police (Admn.) and Superintendent of Police of the District to which the dismissed members of the Police Force belonged. It is conceded that of 1100 dismissed agitators 1000 were reinstated and the rest were left to fend for themselves. Those who were thus weeded out by the Committee filed writ petitions in the High Court of Punjab and Haryana. A Division Bench of the High Court dismissed the petitions making the following order :

"The petitioners were dismissed from service on account of their participation in the Police agitation. Some of them had been taken back by the Government. The petitioners have filed this writ petition praying that the Government should also consider their cases. It is not disputed that some of the Constables filed writ petitions which were dismissed vide judgment reported as ILR (1980) 2 Punj & Har 122. After hearing the learned counsel for the parties, we do not find any merit in the petition and consequently dismiss the same in limine."

3. With the best of our efforts and with the assistance of Mr. D D. Sharma, learned counsel for the State of Punjab we unsuccessfully tried to understand the decision of the High Court. The decision in ILR (1980) 2 Punj & Har 122 was given much prior to the constitution of the Committee on whose recommendations 1000 former members of the Police Force were reinstated. The situation had undergone a sea change since the decision and the contention was entirely different and, therefore, we consider the reference to the earlier decision inapposite. If the petitions were dismissed following the decision, which was entirely irrelevant, we are of the opinion that the High Court had completely misdirected itself in examining the contentions raised before it. The dismissal of the writ petitions by a laconic order by the High Court necessitated the examination of the case of the appellants by us in depth.

4. Mr. D. D. Sharma, learned counsel was at pains to point out that the State Government cannot be charged with picking and choosing or distributing its largesse in reinstatement some of the dismissed members of the Police Force because a high powered Committee consisting of top brass of the Police Force