DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by Darshan Singh, Ex-Inspector of Police, challenging the order of his dismissal from service, dated 18th March, 1984, passed by the Deputy Inspector General of Police. Alongwith the petitioner Sham Nath, Inspector was also dismissed from service on the same charges. The order of dismissal is based on the allegations that Sub-Inspector Bissu Ram was murdered in the bazar of Guru Har Sahai, on 18th December, 1983, and the petitioner and Sham Nath, Inspector, who were in the police station, did not take prompt action to capture the assailants. The petitioner was dismissed from service by the Deputy Inspector General of Police, by invoking the provisions of Article 311(2)(b) of the Constitution of India, vide order dated 18th March, 1984 (Annexure P-1). The petitioner preferred an appeal against the order of dismissal from service. The said appeal was dismissed by the Inspector General of Police, vide order dated 18th April, 1988 (Annexure P-6). The Inspector General of Police did not afford any personal hearing before passing the order Annexure P-6.

(2.) Shri Sham Nath, Inspector who was dismissed on the same charges filed a civil suit. The said suit was decreed and accordingly he was reinstated on 25th March, 1987. Thereafter, the petitioner represented to the authorities for his reinstatement vide Annexure P-5, but to no effect.

(3.) The petitioner has challenged the validity of the order of dismissal from service and the orders passed in appeal on the following grounds :-