BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by departmental authorities whereby he was dismissed from service.

(2.) The petitioner joined Punjab Police Force on 2/8/1989 as Constable. On 15/10/2015 he was posted as Guard at the residence of Yog Raj Sharma, President, Shiv Sena Punjab. He fired four rounds from his rifle at about 12:00 AM. The respondent registered FIR No.130 under Ss. 336, 166 and 166-A of IPC at Police Station Division No.2, Pathankot against him. He was not subjected to departmental inquiry. The respondent dismissed him from service invoking Clause (b) of second proviso to Article 311 (2) of the Constitution of India. He unsuccessfully preferred appeal before appellate authority. It is apt to mention here that Appellate Authority while dismissing his appeal considered his past service record. As per his past record, he was found absent from duty on 45 occasions. He was convicted by trial Court vide judgment dtd. 17/7/2023, however, released on probation.

(3.) Learned counsel representing the petitioner submits that respondent did not consider petitioner's length of service as well as entitlement to pension while passing impugned order. It was a case of violation of Rule 16.2 of Punjab Police Rules, 1934 (for short, 'PPR'). The respondent invoked Clause (b) of second proviso to Article 311 (2) of the Constitution of India and dispensed with inquiry. There was no occasion to dispense with inquiry.