PRITHIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application of the 2nd proviso appended to Clause (2) of Article 311 of the Constitution of India is in question in this appeal, which arises out of a judgment and order dated 24th September, 2002 passed by the Punjab and Haryana High Court in Regular Second Appeal No. 3135 of 1996. The said question arises in the following circumstances:

(2.) Appellant was appointed as an Assistant Sub-Inspector of Police (for short, ASI) on 17.3.1980. He was put on probation. On completion of his period of probation, he was confirmed on 31.3.1989. He was promoted to the post of Sub-Inspector on 29.10.1985. While he was discharging his duties in the said capacity, on a charge of grave misconduct that he had let off one smuggler, named, Lakhwinder Singh after accepting money, a departmental proceeding was initiated against him. He was dismissed from services by an order dated 7.1.1988 of the Senior Superintendent of Police, Tarn Taran. The matter was carried in appeal and the Appellate Authority, being the Deputy Inspector General of Police, set aside the said order of dismissal and directed completion of the disciplinary proceeding, which had already been initiated. Pursuant to or in furtherance of the said direction, Appellant was reinstated in service on 4.11.1988 and was posted at Sangrur. The departmental proceeding that followed, the misconduct alleged against Appellant was found to have not been proved. The disciplinary proceeding against Appellant was dropped by the Senior Superintendent of Police, Sangrur, stating:

(3.) A notice was served upon Appellant purported to be in terms of Rule 16.28 of the Punjab Police Rules, 1934 (for short, the Rules), asking him to show cause as to why the order dated 18.10.1988 passed by the then Deputy Inspector General (DIG, for short), Border Range, Amritsar, setting aside the order of dismissal from service passed by the Senior Superintendent of Police, Tarn Taran on 7.7.1988, should not be set aside. Appellant filed his show cause, inter alia, stating that there was no valid reason for dispensation of departmental inquiry and once it had been initiated, the same should have been completed. The Director General of Police, however, by an order dated 5.2.1990 set aside the said order dated 18.10.1988 passed by the DIG, Amritsar, opining: