IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Amandeep Singh - Petitioner - Appellant
Versus
State of Punjab and others - Respondents - Respondent
CWP-21426 of 2022 (O&M)
Decided On : 20-09-2023
Article 311 - Termination of Services - [Article 311, Constitution of India 1950(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.(2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:Provided that this clause shall not apply—(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;(b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or(c) where the President or Governor or Rajpramukh, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to give to that person such an opportunity.(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.]
Fact of the Case:
The petitioner, a constable in the Punjab Police, was dismissed from service without an inquiry after being implicated in a case involving a fake receipt for a gun deposit.
Finding of the Court:
The court found that the dismissal without holding an inquiry was unjustified and unsustainable.
Issues: The main issue was whether the dismissal of the petitioner without an inquiry was justified under Article 311 of the Constitution of India.
Ratio Decidendi: The court held that the circumstances did not justify dispensation of an inquiry before dismissing the petitioner from service, citing relevant legal provisions and precedents.
Final Decision: The petition was accepted, and the impugned orders dismissing the petitioner from service were set aside with the direction to reinstate the petitioner in service and provide all consequential benefits.
GURVINDER SINGH GILL, J.
1. The petitioner herein assails the following three orders:
i. Order dated 24.2.2017 (Annexure P-1) passed by respondent No.3– Senior Superintendent of Police, Ludhiana Rural vide which services of the petitioner were terminated by invoking provisions of Section 311 (b) (2) of Constitution of India;
ii. Order dated 26.10.2017 (Annexure P-3) passed by DIG, Ludhiana Range, Ludhiana vide which the appeal filed by petitioner challenging order dated 24.2.2017 (Annexure P-1) has been dismissed; And
iii. Order dated 29.4.2019 (Annexure P-4) passed by DGP, Punjab vide which the appeal filed by petitioner challenging order dated 24.2.2017 (Annexure P-1) has been dismissed.
2. The petitioner was appointed as a Constable in the Punjab Police in the year 2011 and was working as MHC at Police Post Kaunke Kalan, Tehsil Jagraon, District Ludhiana in the year 2017. One FIR i.e. FIR No.10 dated 20.2.2017 was lodged at Police Station Bhadaur under Sections 149, 148, 307, 427, 506 read with Section 149 of Indian Penal Code against Jagjiwanjot Singh @ Joti, Gurjit Singh @ Harjit Singh @ Jit Singh, Simarjit Singh @ Gaggi, Baldev Singh Debi, Navjot Singh @ Joti and Joginder Singh, wherein it was inter-alia alleged that Navjot Singh @ Joti had fired from his gun. Subsequently, it transpired that the gun used by Navjot Singh @ Joti was the one in respect of which the petitioner, who was working as MHC at Police Post Kaunke Kalan, Tehsil Jagraon, District Ludhiana, had issued a fake receipt regarding its deposit in armoury, whereas the gun had never actually been deposited and always remained with said Navjot Singh @ Joti. It is further the case of petitioner that 3 days after lodging of the aforesaid FIR i.e. FIR No.10 dated 20.2.2017, the petitioner was dismissed from service on 24.2.2017 without holding any inquiry purportedly by way of invoking provisions of Section 311 of Constitution of India as regards dispensation of inquiry.
3. The short point raised by learned counsel for the petitioner is that there were no such grounds which could justify dispensation of an inquiry and that neither the petitioner had been convicted in respect of any criminal case nor were there any such circumstances, which could show that holding an inquiry was not practicable. Learned counsel representing the petitioner, in order to hammer forth his aforesaid submissions, places reliance upon judgments passed by Hon’ble the Supreme Court rendered in (2014)13 SCC 244 Risal Singh vs. State of Haryana and Reena Rani v. State of Haryana, (2012) 10 SCC 215.
4. Opposing the petition, learned State counsel submitted that since it is a case wherein serious allegations have been leveled against the petitioner inasmuch it was found that he was having links with anti-social elements and had even furnished a bogus receipt regarding deposit of a gun belonging to Navjot Singh @ Joti in the armoury, whereas the same had never been deposited, it was certainly not feasible or practical to allow the petitioner to continue in service.
5. This Court has considered rival submissions addressed before this Court.
6. Since it is a case where services of the petitioner have been terminated, admittedly without holding any inquiry, it is apposite to refer to the relevant provisions providing for dispensation of an inquiry. Article 311 of Constitution of India reads hereinunder:
(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this clause shall not apply—
(a) where a person is dismissed or removed or reduced in rank on the gro
Reena Rani v. State of Haryana
Risal Singh vs. State of Haryana
The main legal point established in the judgment is that mere registration of a FIR is not a sufficient ground to dispense with holding a regular inquiry before dismissing an employee, and adequate r....
Dismissal from service without conducting a departmental inquiry is unconstitutional, necessitating written reasons for dispensing with such inquiry as mandated by Article 311(2)(b) of the Constituti....
The authority must provide objective justifications for the impracticability of holding an inquiry under Article 311(2)(b) and the dismissal of a regular member of the force is a drastic measure that....
Dismissal from service without conducting a mandatory inquiry violates Articles 311(2) of the Constitution and Rule 16.24 of the Punjab Police Rules.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.