JAGMOHAN BANSAL
Hardeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:-
2. The petitioner on 18.11.1974 joined Punjab Police as Constable. From time to time, he was promoted and in 2004, he became Sub-Inspector. His date of retirement was 31.05.2013. The petitioner came to be implicated in Complaint No.31 dated 01.10.2001 under Section 302 read with Section34 of Indian Penal Code, 1860 (for short 'IPC'). The petitioner faced criminal trial and he was convicted vide judgment dated 10.09.2009 passed by Sessions Judge, Faridkot. He was awarded sentence of life imprisonment. The petitioner preferred an appeal before this Court which vide judgment dated 05.05.2010 (Annexure P-1) converted sentence of life imprisonment into five years imprisonment under Section 306 of IPC.
3. The Senior
A police officer convicted of a criminal charge must be dismissed from service as per Rule 16.2 of the Punjab Police Rules, with no discretion for lesser punishment.
The central legal point established in the judgment is the mandatory nature of dismissal of a police officer upon conviction and imprisonment, as prescribed in Rule 16.2(2) of the 1934 Rules.
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
The suitability of reinstatement following dismissal for misconduct, contingent on criminal conviction and statutory rules.
The court established that failure to serve a show-cause notice constitutes a violation of natural justice, warranting reinstatement of the dismissed employee.
Service Law - Dismissal of Service - Justified - Charges for conviction more heinous in nature - Petitioner’s appeal is still pending before this Court - Grant of bail to the petitioner in such appea....
The imposition of dismissal as punishment for police officers is not absolute; discretion based on individual case circumstances and nature of the offence must be exercised, as upheld by Supreme Cour....
Acquittal in a criminal trial does not confer automatic rights to reinstatement for daily wage employees, as their employment lacks vested rights.
Acquittal from criminal charges entitles a police officer to reinstatement as per Regulation 241 of the Chhattisgarh Police Regulations, when the charges in the criminal trial and the departmental pr....
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 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.