LAWS(P&H)-2011-2-523

YUNISH MASIH Vs. STATE OF PUNJAB AND OTHERS

Decided On February 25, 2011
YUNISH MASIH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 21.4.2009 rendered by the learned Single Judge dismissing the writ petition filed by the petitioner-appellant.

(2.) Brief facts of the case are that the petitioner-appellant joined the Punjab Police as Constable in 1970. In 1988 he was promoted as Head Constable and in 1992 as officiating Assistant Sub-Inspector. He has claimed that he has always worked with great zeal by putting his life in danger in anti-terrorist operations during militancy in the State of Punjab. For his meritorious service a number of cash rewards/commendation certificates were awarded to him. The Senior Superintendent of Police, Amritsar, recommended his name for promotion to List C-II, vide letter dated 10.7.1988 (P-15). Thereafter, even the Deputy Inspector General of Police, Border Range, Amritsar, also recommended his name for promotion to the post of ASI, vide letter dated 16.5.1989 (P-20). On 26.5.1992, the Inspector General of Police passed an order approving his fortuitous promotion to the rank of ASI with immediate effect for showing excellent performance on extremists front (P-24).

(3.) On 17.6.1993 the Senior Superintendent of Police, Amritsar, dismissed the petitioner-appellant from service exercising powers vested in him under Article 311(2)(b) of the Constitution read with Rule 16.1 of the Punjab Police Rules, 1934 (for brevity, the Rules). The Senior Superintendent of Police, Amritsar, recorded reasons in writing that it would not be practicable to hold departmental inquiry and dispensed with the same for the following two reasons :