IMPORTANT POINT
Dismissal cannot be ordered solely on the ipse dixit of the competent authority.

Judgment :

Leave granted.

This appeal involves challenge to judgment dated 28.10.2010 of the Division Bench of the Punjab and Haryana High Court whereby the appeal preferred by the appellant against the order of the learned Single Judge was dismissed and the action taken by Superintendent of Police, Mewat at Nuh (for short, 'the Superintendent of Police') against the appellant under Clause (b) of the second proviso to Article 311(2) of the Constitution was upheld.

The appellant joined service as Constable in the Police Department of the Government of Haryana on 26.02.2007. After three years and two months, the Superintendent of Police passed order dated 23.4.2010 and dismissed her service by invoking Clause (b) of the second proviso to Article 311(2) of the Constitution read with Rule 16(2) of the Punjab Police Rules, as applicable to the State of Haryana on the ground that while she remained posted as Prisoner Escort Guard from 24.5.2008 to 18.9.2008, she developed close relation with Mustak @ Mustkin @ Rasid, son of Istak @ Husain Khan of Guraksar despite the fact that he was involved in seven criminal cases registered under Sections 332, 353, 392, 395, 397, 399, 402 and 506 IPC and Sections 25, 54 and 59 of the Arms Act and she used to meet Mustak in Bhondsi Jail on many occasions. In the opinion of the Superintendent of Police, there was sufficient evidence to prove the appellant's nexus with Mustak and, as such, she did not deserve to be retained in the service and that it was not practicable to hold a regular departmental enquiry because no independent witness would be available.

The appellant challenged her dismissal in Writ Petition No. 7870 of 2010. In paragraphs 5 and 6 of the writ petition she made the following averments:

"5. That it is necessary to mention here that the accused Mustak was previous known to her while he was studying in Bs.C. (Non-Mecial) and the petitioner was studying in BA. The petitioner and accused are belong to same Mohmadan community. The family of the petitioner wants to marry with accused Mustak.

It is also necessary to mention here that the accused Mustak was arrested in the year of 2007 in one case, thereafter, he falsely implicated in another cases on his disclosure statement. However, nothing is recovered to him. It is pertinent to mention here that out of 6/7 cases he was acquitted in two cases.

6. That as per allegation the only fault of the petitioner that she contact on mobile with accused Mustak and promise her to marry. The petitioner did not help the accused in any manner out of way being a police employee. Hence, the provision under Article 311(2)(b) does not attract."

The learned Single Judge referred to the judgments of this Court in Union of India v. Tulsiram Patel (1985) 3 SCC 398 and Jaswant Singh v. State of Punjab (1991) 1 SCC 362, which were relied upon by the appellant in support of her plea that the Superintendent of Police was not entitled to invoke Clause (b) of second proviso to Article 311(2) of the Constitution and proceeded to observe:

"From the facts as these would emerge in this case, it cannot be viewed that decision to dispense with the departmental enquiry was on account of any ulterior motive or it was merely to avoid holding the enquiry. It is not such a case where the case of the respondents is weak in any manner. A police official, who acts in a manner to get involved with an accused facing number of criminal cases and adopts means and methods to suggest measures to help such a criminal, would be an action, which is highly uncalled for by an employee who is a constituent of disciplined force like Police. Police is required to deal with the criminals in order to protect the citizens. If the protectors of law becomes a conspirator to help the violators of law, the very purpose of policing will get defeated. View also is possible that in the facts and circumstances of this case, it was not reasonably practicable to hold an enquiry in this case. The only