GURDIP SINGH vs STATE OF PUNJAB & ORS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(P&H) 2258

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

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of orders passed by authorities whereby he was dismissed from service without conducting inquiry as contemplated by Rule 16.24 of Punjab Police Rules, 1934 (in short ‘PPR’) read with Article 311 of Constitution of India.

2. The petitioner joined Police force SPO in 1994. He was assigned constabulary number in 1996. In 2000, eight criminal cases were 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 without conducting inquiry. He unsuccessful preferred appeal before Appellate Authority followed by revision before Revisionary Authority.

3. Learned counsel for the petitioner submits that respondent dispensed with inquiry without any cogent reason. There was no material before disciplinary authority which compelled him to invoke Clause (b) of second proviso to Article 311(2) of the Constitution of India. The disciplinary authority mechanically dispensed with inquiry. Act of respondent was in violation of judgme

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