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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gursher Singh Sandhu ...Petitioner Versus State of Punjab & others ...Respondents Sr. Particulars Details No.

1. The date when the judgment is reserved 25.08.2026 2. The date when the judgment is pronounced 01.09.2026 3. The date when the judgment is uploaded on the 02.09.2026 website

4. Whether only operative part of the judgment is Full pronounced or full judgment is pronounced

5. The delay, if any, of the pronouncement of full N.A.

judgment, and reasons thereof CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. D.S.Patwalia, Senior Advocate, assisted by Mr. Bikramjit Singh Patwalia, Mr. Gaurav Jagota and Mr. Edward George Masih, Advocates, for the petitioner.

Mr. P.I.P. Singh, Addl. AG, Punjab, assisted by Ms. Anisha, Mr. Amitoj Bir Singh, Ms. Sakshi Sehgal and Mr. Gurvishwraj Singh, Advocates, for the respondents.

NAMIT KUMAR, J.

1. The present petition has been filed by the petitioner under Articles 226 of the Constitution of India, seeking the following reliefs:

“i. a writ in the nature of Certiorari quashing the order dated

02.01.2025 (Annexure P-26) vide which the services of the petitioner have been dismissed from the post of DSP by invoking the provisions/powers conferred under Article 311(2)(b) in a completely illegal and arbitrary manner and without taking into consideration the fact that the said (2)

provision could not have been invoked, keeping in view the fact that departmental/disciplinary proceedings already stood initiated against the petitioner and also being in total contravention of the provisions of law as settled including in Union Of India And Another vs Tulsiram Patel And Others reported as 1985 (2) SLR 576 and the said order of dismissal also wrongly recorded that this Hon’ble Court in CWP-PIL- 93-2023 has already concluded that the petitioner facilitated recording of an interview of Lawrence Bishnoi which is factually incorrect and the order being completely perverse to the settled provisions of law.

ii. to issue an appropriate writ, order or direction including a writ in the nature of Mandamus directing the Respondents to comply with the provisions of Rule 8 of The Punjab Civil Services (Punishment and Appeal) Rules, 1970 as also the procedure mandated under Rule 16.24 of the Punjab Police Rules, 1934 and complying with the Principles of natural justice as well specially keeping in view the fact that the petitioner has repeatedly approached the Respondents vide representation dated 15.12.2024 (Annexure P-22) and 18.12.2024 (Annexure P-24) to grant him opportunity of hearing as also to provide documents so as to give effective reply to the show cause notice as well as the Articles of charges/charge sheet.

iii. to issue any other appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the present case.”

2. Briefly stated, the facts of the case, as have been pleaded in the petition, are that the petitioner initially joined the Border Security Force (BSF) as Assistant Commandant on 19.11.2012 and served there till 17.06.2015. During his tenure in BSF, he was deployed at the Indo- Bangladesh Border from 17.12.2013 till 17.06.2015 and was also posted on election duty in Jammu and Kashmir Assembly Elections during November-

December, 2014.

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3. Pursuant to an advertisement issued by the Punjab Public Service Commission (PPSC) in the year 2013, the petitioner was selected and appointed to the post of Deputy Superintendent of Police (DSP) in the Punjab Police on the recommendation of the PPSC, vide order dated 16.05.2016 (Annexure P-2). Upon his selection, the petitioner submitted his charge report on 30.05.2016 for undergoing basic training at PPA, Phillaur. In the year 2018, he was transferred as DSP (Headquarters), Mohali. In 2019, he was transferred as DSP, Sub Division, Amloh and thereafter as DSP, Mohali (City-1). Vide order dated 17.07.2022 (Annexure P-3