BIKRAMJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the petition under Article 226 / 227 of the Constitution of India is for the issuance of a writ, order or direction especially in the nature of certiorari for quashing orders, Annexures P/5 and P/6 dtd. 15/9/2020 passed by respondent No.3 dismissing the petitioners from service as also orders Annexures P/9 and P/10 dtd. 3/11/2020 passed by respondent No. 2 dismissing the appeals filed by the petitioners.

(2.) Brief facts of the case leading to the filing of the instant petition are that the petitioners joined Punjab Police as Constables on 1/1/1994 and 1/1/1993 respectively whereafter they were promoted as Head Constables w.e.f. 22/7/2005 and 1/5/2013 respectively. Subsequently, the petitioners were given charge of ASI (Local Rank) vide orders, Annexures P/1 and P/2 dtd. 14/3/2018 and 13/2/2020 respectively and on 25/8/2020, petitioner No.1 i.e. Bikramjit Singh along with police patrolling party while going to village Mithumajra saw a person with his face covered with a mask coming on a motorcycle. On seeing the police party, said person tried to run away, whereupon members of the police party including petitioner No.1 nabbed said person who revealed his name as Didar Singh. Search of said person by a Gazetted Officer lead to recovery of 3 kgs of opium whereupon FIR No. 0168 dtd. 25/8/2020 (Annexure P/3) was registered against Didar Singh u/s 18, Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) Learned counsel contends that during investigation of FIR No. 0168 dtd. 25/8/2020, the Investigating Officer directed petitioner No. 1 to join one Angrej Singh in investigation and during investigation at Police Post, Bahadurgarh petitioner No.1 came to know that Angrej Singh who was brother of one Amrik Singh had made numerous calls to Didar Singh from whose possession, 3 kgs of opium was recovered. In the aforementioned circumstances, being wary of implication in the case on account of their nexus with drug cartels operating in the State of Punjab, Amrik Singh registered FIR No.10 dtd. 12/9/2020 under Sec. 7, Prevention of Corruption Act, 1988 at Police Station Vigilance Bureau, FS-1, Punjab, Mohali against the petitioners to divert attention of the police.