IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RANDHIR SINGH – Appellant
Versus
STATE OF HARYANA AND ORS. – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by Departmental Authorities whereby he was dismissed from service.
2. The petitioner joined Police Department on 04.02.1980. He was implicated in FIR No.142 dated 07.06.1994 registered under Sections 498A and 406 of IPC at Police Station Sadar Hansi. He faced trial and came to be convicted by Sub Divisional Judicial Magistrate, Hansi. He was sentenced to rigorous imprisonment of two years besides fine of Rs.1,00,000/-. He preferred appeal which came to be dismissed by Additional Sessions Judge, Hisar. He preferred CRR No.482 of 2003 before this Court which came to be partially allowed vide order dated 18.04.2011. The judgment of conviction was upheld, however, sentence was reduced to that undergone. The petitioner underwent sentence of five months and five days. He was further subjected to pay compensation of Rs.1,00,000/- to the complainant. The operative portion of order dated 18.04.2011 reads as:
“Learned counsel for the petitioners did not assail the finding of conviction so recorded by the trial Court and upheld by
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.
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
The suitability of reinstatement following dismissal for misconduct, contingent on criminal conviction and statutory rules.
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.
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