PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this judgment, CWP No.18508 and 18417 of 2020 filed against a common order passed by the competent authority dismissing the writ petitioners from service in exercise of powers under Rule 16.1 read with Section 7, The Police Act, 1861 and Article 311(2)(b) of the Constitution of India has been assailed.

(2.) In CWP No.18508 of 2020, Paramjit Singh is the petitioner whereas Resham Singh has filed CWP No.18417 of 2020. Paramjit Singh at the relevant time was working as Constable whereas Resham Singh was working as Head Constable (Driver). As per the case of the respondent-State, as many as four police officials were deputed to take two criminals namely Harpreet Singh son of Swaran Singh and Gurpreet Singh @ Gopi son of Gurwinder Singh from Central Jail, Amritsar, to the Court of Additional Sessions Judge, Jalandhar, for appearance. They took the accused persons from Central Jail in a government vehicle but abandoned the same on the way with Head Constable Resham Singh and took the accused persons in a private vehicle. After producing them before the Court, instead of straightway bringing them back to Central Jail, Amritsar, they went to a rented accommodation of accused Harpreet Singh where his wife was already present and thereafter both the accused were allowed to flee away. It is also alleged that when the accused were taken out of the prison, Harpreet Singh was allowed to talk to his wife Harjit Kaur multiple times on the mobile phone of Constable Sukhwinder Singh. It was noticed that both the accused are involved in approximately one dozen criminal cases each. The competent authority vide order dated 27.06.2019 dispensed the service of the petitioner on the ground that it would not be correct to hold departmental inquiry against these officials because due to their fear, none is likely to come forward to depose in the departmental inquiry.

(3.) Appeal against the order passed by the competent authority has also been dismissed resulting in filing of these two writ petitions. Pursuant to notice of motion, reply has been filed. It has been disclosed that against Paramjit Singh various orders of punishment have been passed. It has further been stated that the competent authority recorded its satisfaction in the order itself that it will not be practicable to hold inquiry.