Back
JAGMOHAN BANSAL
Baljinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 06.10.2017 (Annexure P-5) whereby he was dismissed from service without holding inquiry as contemplated by Rule 16.24 of the Punjab Police Rules, 1934 (for short 1934 Rules') read with Article 311(2) of the Constitution of India.
2. The petitioner joined Punjab Police as Probationer Sub- Inspector on 20.05.2014. Two FIRs bearing No.102 and 103 dated 30.09.2017, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were registered against Sukhdev Singh @ Deba and Pargat Singh @ Pagga, at Police Station Harike, District Taran Tarn. The respondent found that during the course of investigation of aforesaid FIRs, the petitioner has accepted illegal gratification from the accused of the aforesaid FIRs. An FIR No. 108 dated 20.10.2017, under Section 7/13(2) of the Prevention of Corruption Act, 1988 and Section 59 of the NDPS Act, 1985 came to be registered at Police Station Harike, District Tarn Taran against petitioner and HC Jatinder Singh. The petitioner came to be dismissed vide order dated 06.10.2
Dismissal from service without conducting a mandatory inquiry violates Articles 311(2) of the Constitution and Rule 16.24 of the Punjab Police Rules.
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 decision to dispense with a departmental inquiry must be based on reasonable grounds and supported by material. The fear of witnesses not coming forward must be substantiated.
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....
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
