JUDGMENT

AHMADI, J.:— Invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India and Rule 16.1(2) of the Punjab Police Rules, the Assistant Inspector General, Government Railway Police, Patiala, passed the impugned order dated April 7, 1981 dismissing the petitioner from service with immediate effect. The reasons assigned for dispensing with the departmental enquiry contemplated by Article 311(2) of the Constitution are set out in paragraph 3 of the impugned order, which reads as under:

"And whereas it has been reported that he has thrown threats that he with the help of other police employees will not allow holding of any departmental enquiry against him and he and his associates will not hesitate to cause physical injury to the witnesses as well as the enquiry officer."

The dismissal order is based on the allegation that the appellant was instigating his fellow police officials to cause indiscipline, show insubordination and exhibit disloyalty; that he was meeting other police officials and inducing them to stand against the senior officers and was thus spreading discontentment, hatred and dissatisfaction amongst his fellow policemen towards the superi