STATE OF PUNJAB Vs. DARSHAN SINGH

JUDGEMENT

(1.) This letters patent appeal is filed by the appellants-State of Punjab and another challenging the legality and correctness of judgment and order dated November 29, 1990 passed by the learned Single Judge in Civil Writ Petition No. 6337/1988.

(2.) The respondent-petitioner had challenged in the writ petition his order of dismissal from service dated March 18, 1984 passed by the Deputy Inspector General of Police. It was alleged that the petitioner was dismissed from service on the allegations of dereliction of duties in not arresting the alleged accused who resorted to firing. Alongwith him, one more employee connected with the same incident was also dismissed from service on March 18, 1984. It appears that the Disciplinary Authority instead of holding departmental enquiry, invoked the provisions of Article 311(2)(b) of the Constitution of India and dismissed the respondent-writ petitioner from service vide order dated 18.3.1984.

(3.) It is not necessary to set out the pleadings of the parties in detail, since the main issue in this letters patent appeal centres around the compliance of the provisions of Article 311(2)(b) of the Constitution.