RANJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of four cases bearing CWP Nos.7325, 7328, 7329 and 7337 of 2016 as common questions of law and facts are involved.

(2.) Prayer in the present petitions is for issuance of a writ in the nature of certiorari for quashing of impugned order dated 09.12.2015 passed by respondent No.4, whereby, the petitioner has been ordered to be dismissed from service while exercising the powers provided under Rules 16.1, 16.2 read with Sec. 7 of the Police Act, 1861 and Art. 311 (2)(b) of the Constitution of India.

(3.) Learned senior counsel for the petitioner(s) submits that the provisions of Art. 311(2)(b) of the Constitution of India have been attracted for dispensing with the services of the petitioner(s) whereas no reason whatsoever has been mentioned as to how it was not practicable to conduct the regular inquiry. The impugned order is totally vague and nonspeaking. Learned counsel further submits that the statutory provisions of Police Rules have not been complied with while dispensing with the inquiry. Learned counsel also submits that the scope of Clauses (a), (b) and (c) of proviso (2) to Art. 311 was considered by Honourable the Apex Court in Union of India Vs. Tulsiram Patel, 1985 (3) SCC 398 as well as Jaswant Singh Vs. State of Punjab, 1991(1) S.C.T. 125 : 1991 (1) SCC 362 . The impugned order is liable to be set aside on this ground as none of the issues as discussed in Tulsiram 's case (supra) were mentioned/complied with while passing the impugned order of removal from service. Learned counsel for the petitioner(s) has relied upon judgments rendered by Honourable the Apex Court in Delhi Administration Vs. Chanan Singh, 1969 SLR 217 , Union of India Vs. Ramkrishan, 1972 (2) SLR 11 , Sudesh Kumar Vs. State of Haryana and others, 2005(11) SCC 525 , Tarsem Singh Vs. State of Punjab, 2006(13) SCC 581 and judgment rendered by this Court in State of Punjab Vs. Jagir Singh, 1993(4) S.C.T 535 : RSA No. 2397 of 1991 decided on 23.07.1993 in support of her contentions.