BABU LAL vs STATE OF HARYANA AND OTHERS

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2011 Supreme(P&H) 2247

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BABU LAL – Appellant
Versus
STATE OF HARYANA AND OTHERS – 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 force on 30.01.2001 as Constable. An FIR No. 339 dated 15.12.2008 under Sections 354, 342 IPC at Police Station Rewari City was registered against him and he was arrested. The Disciplinary Authority invoking Clause (b) of second proviso to Article 311(2) of the Constitution of India dismissed him from service w.e.f. 15.12.2008 without conducting inquiry. He preferred appeal which came to be dismissed on ground of limitation vide order dated 10.03.2009 passed by Appellate Authority. This Court directed to decide the appeal on merits which was again dismissed on 13.12.2010.

3. Learned counsel for the petitioner submits that petitioner was dismissed from service without conducting inquiry as contemplated by Rule 16.24 of Punjab Police Rules, 1934 (As applicable to State of Haryana) (for short “PPR”) read with Article 311 of the Constitution of India. He was dismissed from service on account of his implication in FIR under Sect

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