SURAT SINGH & ANR. vs STATE OF HRY. & ORS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(P&H) 4543

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURAT SINGH & ANR. – Appellant
Versus
STATE OF HRY. & ORS. – Respondent

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioners through instant petition under Articles 226 and 227 of the Constitution of India are seeking setting aside of orders passed by departmental authorities whereby they were awarded punishment of dismissal from service.

2. The petitioner No.1 joined Police Force as Constable in 1970 and petitioner No.2 in 1989. In 2005, they were posted at Police Post, Bus Stand, Jhajjar. The Superintendent of Police (SP), Jhajjar vide order dated 15.12.2005 placed them under suspension on the ground that they have misbehaved with Ms. Uma, daughter of Shankar Singh, resident of Almora (UP) under the influence of liquor. In the suspension order it was mentioned that Deputy Superintendent of Police (DSP), Jhajjar will conduct regular inquiry and submit his report. The respondent vide order dated 26.12.2005 invoking Clause (b) of second proviso to Article 311(2) of the Constitution of India dispensed with departmental inquiry and dismissed the petitioners from service. They preferred an appeal which came to be dismissed by Appellate Authority vide order dated 14.03.2006 passed by Inspector General of Police (IGP), Rohtak. The appeal was dismissed on the groun