BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, this Court proposes to dispose of above titled two writ petitions since a common question of law is involved and the petitioners are seeking to challenge the order of dismissal by invoking Article 311 (2) (b) of the Constitution of India and dispensing with regular departmental inquiry. However, for the sake of brevity, the facts are taken from CWP No 12366 of 2021.

(2.) In the writ petition referred to above, the petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India with a prayer to quash order dtd. 30/4/2021 by which the petitioner stands dismissed from service by invoking the provisions of Article 311 (2) (b) of the Constitution of India.

(3.) In brief, the facts of the case are that the petitioner was appointed as Assistant Sub Inspector on 9/7/1996 and promoted as Sub Inspector on 29/5/2006 with a further promotion as Inspector on 11/4/2012. It is averred that the petitioner worked with utmost honesty and satisfaction and has a meritorious service record. On account of his commendable work, he had been granted out of turn promotions. However, a FIR No. 65 dtd. 12/4/2021 under Ss. 21, 29 and 59 of the NDPS Act 1985 and Sec. 7 of the Prevention of Corruption Act 1988, read with Sec. 120-B IPC came to be registered at Police Station Tarn Taran against the petitioner. In the FIR dtd. 12/4/2021, which was registered by one SI Jatinder Singh, it was alleged that a secret informer gave him information that on 31/3/2021, the petitioner along with Head Constable Davinder Singh caught Malkeet Singh @ Patla and Bao Singh with 1 Kg of heroin in the city Tarn Taran.