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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Harsajanbir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of order dated19.10.2020 (Annexure P-3) whereby he was dismissed from service.
2. Mr. Sunil K. Nehra, learned Senior Counsel for the petitioner submits that by order dated 19.10.2020, the petitioner was dismissed from service without holding departmental inquiry as contemplated by Rule 16.24 of PUNJAB POLICE RULES , 1934 read with Article 311 of Constitution of India. The dismissal order was passed on account of registration of FIR No.346 dated 14.10.2020 under Sections 21 and 61 of the NDPS Act, 1985 at Police Station Civil Lines, Batala. The Deputy Superintendent of Police conducted inquiry and found him innocent. Challan has been presented against other accused and name of petitioner is recorded in Column No.2. He preferred appeal before Appellate Authority against order of dismissal from service and Appellate Authority has dismissed the same vide impugned order dated 01.10.2025 (Annexure-12).
3. Learned State counsel expressed his inability to controvert that petitioner was found innocent in the investigation of FIR No. 346 dat
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....
Dismissal from service without conducting a mandatory inquiry violates Articles 311(2) of the Constitution and Rule 16.24 of the Punjab Police Rules.
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....
The central legal point established in the judgment is that the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
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 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....
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