NARENDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were Assistant Sub Inspectors in the Punjab Police when their Services were terminated while invoking Article 311(2)(b) of the Constitution of India by the Senior Superintendent of Police, Amritsar, vide order date 29.10.1987, The order reads as under :-

(2.) After hearing the learned counsel for the parties we are of the considered view that without going into the detailed grounds taken up in the writ petition, 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 v. State of Punjab and others, 1991 AIR(SC) 385, that it is incumbent upon the authorities to disclose to the Court the material in existence at the time of passing the order of dismissal in support of the subjective satisfaction recorded in the order of dismissal when Article 311(2)(b) of the Constitutional 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 containing the material. The original file was not produced before us despite grant of several opportunities and in view thereof, we are unable to peruse the material in support of the impugned order. In view thereof, this Court while following the dictum of law laid down by the Apex Court hereby sets aside the order of dismissal of the petitioners without going into other grounds taken in the petition.