SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 04.03.2020 passed by respondent No.2 i.e. 4th Commando Battalion, Phase-II, SAS Nagar, Mohali, dismissing the petitioner from service under Clause (b) of the 2nd Proviso to Article 311(2) of the Constitution of India. In the considered view of this Court, following question of law arise for determination:- "Whether in absence of sufficient reasons recorded in writing dispensing with the requirement of holding inquiry in the alleged misconduct of employee by the authority, order of dismissal/removal from service of employee, passed in exercise of the powers under Clause (b) of the 2nd Proviso to Article 311(2) of the Constitution of India is sustainable?"

(2.) Some facts are required to be noticed. The petitioner was appointed as a Constable in the Punjab Police on 24.03.2011. Two FIRs have been registered against the petitioner. First is FIR No.14 dated 29.02.2020 under Sections 376, 417, 506 of the Indian Penal Code. In a nutshell, the allegations are that in the year 2010 i.e. before the petitioner joined service, he had an affair with the first informant (alleged victim). They also made physical relations. It is alleged that after getting job, the petitioner stopped talking to the first informant and when she pressurized, he threatened her that she will be killed or kidnapped or harmed by throwing acid. The petitioner also threatened that he also has their photographs which would be uploaded on Facebook and Whatsapp. Therefore, the first informant kept mum over period of 9 years.

(3.) Second is FIR No.15 dated 01.03.2020 under Sections 379B, 353, 186, 224, 225, 427, 148, 149 of the Indian Penal Code. This FIR has been registered by a Police Official with the allegation that when the police party went to arrest the petitioner, he after having been apprehended; ran away and various villagers named in the FIR scuffled with the members of the police party and snatched Rs.2200/- and Identity Card from the Wallet of the first informant. Another accused also gave a blow to a police official with some sharp edged weapon which hit on his little finger. The villagers also broke the wind screen of the Government Vehicle.