(1.) Constable Ranbir Singh was dismissed from the service of the Police Department of the State of Punjab with immediate effect vide order dated 7.9.1993 passed by the Senior Superintendent of Police, Ludhiana. The petitioner preferred an appeal against the said order of dismissal which was also dismissed by the Deputy inspector General of Police, Ludhiana, vide order dated 14.6.1995. Both these orders, which have been annexed with the writ petition as Annexures P/3 and P/5 respectively, have been challenged in this petition under Articles 226/227 of the Constitution of India, on the ground that they are arbitrary, violative of principles of natural justice and Articles 14 and 16 of the Constitution of India.
(2.) The petitioner was enrolled and joined as Constable in the Punjab Police in the year 1988. According to him, he has an excellent service record and was even given commendation certificates during the course of his service. On 1st October, 1999, a certificate was issued by the Senior Superintendent of Police, stating that the petitioner was on the hit list of the extremists and as such recommended issuance of a weapon for his personal protection. The petitioner was involved in a case being F.I.R. No. 228 dated 23.12.1992, under Sections 382, 411 of the Indian Penal Code registered at Police Station Division No. 5, Ludhiana. Another case was registered against the petitioner being F.I.R. No. 135 under Section 328/506 in Police Station Division No. 6, Ludhiana. The petitioner was called by C.I.A. Staff on 7.9.1993 and was interrogated in relation to these F.I.Rs. On the same date, the Senior Superintendent of Police dismissed the petitioner from service, while exercising his powers under Rule 16.1 of the Punjab Police Rules read with Article 311(2)(b) of the Constitution of India. It was stated that the petitioner has links with extremists and thus he could not be proved a good police office nor was it possible to hold a regular departmental inquiry in accordance with law.
(3.) As already noticed, the petitioner had preferred an appeal, which was also dismissed. The petitioner was acquitted by the learned trial Court in both the above noticed cases vide judgments dated 24.1.1998 and 22.5.1998 respectively. Against the judgments of the acquittal the State did not prefer any appeal. On or about 14th June, 1995, the petitioner also filed a writ petition No. 14079 of 1995 in this Court, which was dismissed by an order by the Division Bench of this Court vide order dated 22nd of September, 1995.