(1.) The petitioner seeks quashing of impugned order of dismissal from service, dated 8.10.1987 (Annexure P2), passed by respondent No. 4-Senior Superintendent of Police, Sangrur, order dated 26.7.1993 (Annexure P4), whereby the appeal was dismissed by the Deputy Inspector General of Police, Patiala Range, Patiala, along with order dated 17.11.1993 (Annexure P5) which resulted into dismissal of the revision-cum- mercy petition, passed by the Inspector General of Police, Punjab. It has been further prayed that because of acquittal in a criminal case, the petitioner be reinstated into service.
(2.) The petitioner was enrolled as a Constable on 26.9.1977. Thereafter, he was promoted as a Head Constable. It is pleaded that so far as his service record is concerned, the petitioner had earned commendation certificates along with cash reward. The petitioner was named as an accused in case FIR No. 100 dated 28.9.1987, registered at Police Station Tapa, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, wherein it was stated that the petitioner was allegedly found in possession of 51 bags, each containing 48 kgs. poppy husk, along with his two co-accused. In the above said FIR, the challan against the petitioner was submitted. The petitioner was tried by the Court of Additional Sessions Judge, Barnala, who vide its judgment dated 4.2.1992, acquitted the petitioner by granting benefit of doubt.
(3.) After registration of the case, during the pendency of the trial, the petitioner was dismissed from service by the order of Senior Superintendent of Police, Sangrur, invoking the provisions of Clause (2) (b) of Article 311 of the Constitution of India. In the impugned order, it was stated that the petitioner was having links with opium smugglers and was also helping them in the smuggling activities. The order further stated that these activities of the petitioner were highly prejudicial and detrimental to the police force.