PIRTHIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Pirthipal Singh was appointed as ASI on probation with the Punjab Police on 17.3.1980. He was confirmed on 31.3.1983. He was promoted as Sub Inspector on 29.1.1985. He remained posted as Additional SHO, Police Station E, Division, Amritsar and SHO Police Station, Ramdas, CIA Headquarters, Amritsar and SHO Police Station, Khalra. He was awarded a good number of commendation certificates by the SSP and DIG for the good work done by him. On

(2.) 4.1988, a new Police District, Tarn Taran was carved out. Sh. Sanjiv Gupta, IPS was SSP, Police District, Tarn Taran. As Police Station, Khalra was part of Police District, Tam Taran, he came to work under Sh. Sanjiv Gupta, SSP Tarn Tanan. During his stay as SHO Police Station, Khalra he arrested a number of notorious smugglers/couriers. Besides, he arrested terrorists and their harbourers. On some false allegations, a departmental enquiry was ordered against him. He was served with the summary of allegations dated 30.6.1988. He was served with the order dated 1.7.1988 dismissing him from service passed by SSP, Tarn Taran. SSP Tarn Taran did not hold any enquiry. He dismissed him from service by dispensing with the holding of enquiry. For dispensing with the holding of enquiry and dismissing him from service summarily, he resorted to the provisions of proviso (b) to clause (2) of Article 311 of the Constitution of India, on the ground that the holding of enquiry was not practicable as the witnesses were not likely to depose against him due to fear of injury to their lives and that in the interest of; national security, his retention in serviced was not desirable. He filed appeal against; the order dismissing him from service as provided under Rule 16.29 of the Punjab Police Rules to the Deputy Inspector General of Police, Border Range, Amritsar, who on consideration of the entire material/evidence and the comments of the SSP, Tarn Taran on the appeal found that the dismissal order was passed without application of mind by the competent authority and that there was no justification to dispense with the enquiry and further the] provisions of the Constitution have been invoked to circumvent the procedure as to] enquiry. Deputy Inspector General of Police (DIG), Border Range, Amritsar quashed the order of dismissal and further ordered that] the departmental enquiry be held against him in accordance with the rules. In consequence of the order passed by the DIG of] Police, Border Range, Amritsar, he was reinstated in service with retrospective effect vide order dated 8.10.1988 by SSP Tarn Taran. He was relieved to join at Amritsar on transfer where he took over on 4.11.1988. Before the departmental enquiry could proceed at Amritsar, he was transferred to Sangrur, where he took over on 1.2.1989. A regular departmental enquiry was conducted against him at Sangrur on the aforesaid allegations. He filed written statement before the Enquiry Officer. After detailed enquiry, in accordance with the relevant rules, Enquiry Officer exonerated him of the charges against him and submitted report to the SSP, Sangrur who on consideration of the statements of the witnesses and the other relevant material on record did not find the charges substantiated and dropped the proceedings against him vide his order dated 17.4.1989. To his surprise and misfortune, Director General -cum -lnspector General of Police in purported exercise of powers under Rule 16.28 of the Punjab Police Rules, 1934 served notice on 10.7.1989 i.e., about/after 9 months of his reinstatement and much after his exoneration of the charges on which he was dismissed by the SSP, Tarn Taran to show cause as to why the order dated 18.10.1988 of DIG Border Range, Amritsar be not set aside and the order dated 7.7.1988 passed by the SSP, Tarn Taran restored directing his dismissal from service. He submitted a detailed reply pointing out that the order dated 7.7.1988 of SSP, Tarn Taran was arbitrary and was not passed on any material to support the allegations and without there being any material to form the opinion that departmental enquiry was not practicable. It was also brought to his notice that enquiry into the charges on which the order of dismissal was passed had Since been completed under orders of the PIG of Police, Border Range, Amritsar and he had since been exonerated and the charges dropped by the competent authority. Director General -cum - Inspector General of Police without application of mind and without any legal authority quashed the order dated 18.10.1988 of DIG, Border Range, Amritsar reinstating him into service, and maintained the order dated 7.7.1988 of SSP Tarn Taran, dismissing him from service. Director General -cum -lnspector General of Police did not advert to the order dated 17.4.1989 of SSP, Sangrur exonerating him of the charges levelled against him by the SSP, Tarn Taran.

(3.) VIDE order dated 16.3.1995 subordinate Judge 1st Class, Sangrur decreed his suit for declaration that order dated 7.7.1988, dismissing him from service and the order dated 5.2.1990 of Director General -cum -lnspector General of Police setting aside the order dated 18.10.1988 of DIG, Border Range, Amritsar are un -con -stitutional, ultra vires, void, arbitrary, capricious, bad, illegal, without jurisdiction, ineffective and inoperative and that he continued to be in the service of police force of the State of Punjab as on 7.7.1988 and 5.2.1990 throughout and entitled to pay and allowances attached to his post throughout with all other consequential benefits.