GURCHARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing impugned orders dated 16.8.2012 (Annexure P-1), whereby, the petitioner has been dismissed from service by invoking the provisions of Art. 311 (2) (b) of the Constitution of India as well as order dated 27.5.2013 (Annexure P-3), vide which, the appeal filed by the petitioner against the order of dismissal has been rejected without considering the submissions made by the petitioner.

(2.) Briefly, the facts of the case, as made out in the present petition are that the petitioner was initially appointed as Jail Warder on 2.7.1985. Subsequently, FIR No. 190 dated 4.7.2012 under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act') was registered at Police Station Tripuri, Patiala against the petitioner as he was alleged to be in possession of some contraband powder and one and a half bottle of liquor. The petitioner was arrested in that case and thereafter was released on bail on 16.7.2012. During investigation, statements of witnesses were recorded who deposed against the petitioner and he was dismissed from service vide order dated 16.8.2012 by invoking the provisions of Art. 311 (2) (b) of Constitution of India stating therein that it was not necessary to hold inquiry under the circumstances. Aggrieved by aforesaid impugned order dated 16.8.2012, the petitioner filed an appeal but the same was also rejected vide order dated 27.5.2013.

(3.) The impugned order of dismissal from service dated 16.8.2012 as well as the order dated 27.5.2013 passed while rejecting the appeal are subject matter of challenge in the present petition.