KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant. The appellant was a Head Constable of Police in the service of the Punjab Government. He has been dismissed from service without holding an enquiry as contemplated by clause (2) of Article 311 of the Constitution of India. The Senior Superintendent of Police (S.S.P.), Tarn Taran has invoked proviso(b) appended to the said clause(2), dispensing with the enquiry on the ground that it is not reasonably practicable to hold such an enquiry in the case of the appellant. The order of dismissal is dated February, 21, 1992. The appeal preferred by the appellant was dismissed by the Inspector General of Police, Border Range, Amritsar on June 22, 1993. The order of dismissal and the appellate order affirming it were questioned by the appellant by way of a writ petition in the Punjab and Haryana High Court which too has failed, as stated above. The order of dismissal passed by the S.S.P. Tarn Taran, reads:

(3.) On appeal, the appellate authority found that the appellant did have links with the terrorists and was mixed up with them and he was supplying secret information of the police department to terrorists which was creating hindrance in the smooth functioning of the police department. The appellate authority also found that it was impossible to conduct an enquiry against the appellant because nobody would come forward to depose against such "militant police official. "The appellate authority also referred to the fact that the appellant was interrogated in a case, FIR No.210/90, and that during interrogation he admitted that he was having links with Major Singh Shahid and Sital Singh Jakhar and was working for them. It further stated in its order that the appellant was preparing to murder some senior Police Officers while taking advantage of his position.