INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner who was serving in the Punjab police as Constable has invoked the extraordinary writ jurisdiction of this Court assailing the action of the respondent-authorities in having dismissed him from service. Further challenge is to the orders at Annexure P-5 to P-7 whereby the penalty of dismissal has been affirmed by the Appellate and Revisional Authorities.

(2.) Learned counsel representing the petitioner would submit that dismissal of the petitioner is based solely upon conviction and order of sentence passed by the Criminal Court. It is argued that the appropriate authority has not gone into the aspect of the conduct of the petitioner leading to his conviction and that it is well settled that dismissal from service is not an automatic consequence upon conviction and the punishing authority was obligated to consider all the circumstances leading to criminal prosecution and then to form an opinion as to whether conduct of the delinquent officers/officials which led to his conviction is such as to render his further retention in service undesirable.

(3.) Having heard counsel for the petitioner at length and having perused the case paper book, this Court is of the considered view that the petitioner has dis entitled himself from any relief by the writ Court.