EX. CONSTABLE BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was a constable in Punjab Police. While invoking Article 311(2)(b) of the Constitution of India, the Senior Superintendent of Police Batala, by his order dated 17.7.1989, dismissed the petitioner from service. The order reads as under:-

(2.) After hearing the learned counsel for the parties, we are of the considered view that the aforesaid order deserves to be set aside on a very short ground, it has been so held by the Hon'ble Supreme Court in Jaswant Singh vs. State of Punjab and others, 1991 AIR(SC) 355 that it is incumbent upon the authorities to disclose to the Court the material in existence at the time of passing of the order of dismissal in support of the subjective satisfaction recorded in the order of dismissal when Article 311(2)(b) of the constitution of India is invoked. This court at the very outset asked the learned counsel for the State to show to the Court the original file. The original file has been perused by us wherein some notings are in existence. No material has been found by us and none could be pointed out by the learned counsel for the State in support of the order of dismissal. In view there of, this Court while following the dictum of law laid down by the Apex Court hereby sets aside the order of dismissal of the petitioner without going into other grounds taken in the writ petition.

(3.) In view of the aforementioned observations, the writ petition is allowed. An- nexure P-3 is set aside. The petitioner is ordered to be reinstated with all consequential benefits. It is needless to say that it would be open to the department if so advised to proceed into the matter in accordance with law.