LAWS(P&H)-2010-2-319

MOHINDER SINGH Vs. STATE OF PUNJAB AND ORS

Decided On February 02, 2010
MOHINDER SINGH Appellant
V/S
State Of Punjab And Ors Respondents

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 63 days in filing the LPA is condone.

(2.) The brief facts of the present case are that petitioner joined the service as a Constable in the year 1955 and after earning promotions, he was promoted as Sub Inspector in the year 1966. When he was posted in Amritsar, he was dismissed from the service vide order dated 14.7.1987 passed by Sr. Superintendent of Police, Amritsar on the ground that S.I. Mohinder Singh has been reported to be mixed up with the extremist and had leaked out information of raid to some hardcore extremists. While passing the impugned order, thereby dismissing the petitioner/appellant from the services, it was observed that regular departmental enquiry as provided by PFR 16.24 is not reasonably practicable because witnesses are not likely to expose due to fear of injury to their lives. Learned Single Judge did not agree with the contention of the petitioner that order dismissing him was without giving an opportunity of hearing and he was deprived to place his defence before the disciplinary authority.

(3.) We have heard learned Counsel for the parties and perused the record.