YUNISH MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, an ASI in Punjab Police Department has been dismissed from service vide the impugned order dated 17.6.1993 (Annexure P-28) passed by the Senior Superintendent of Police, Amritsar by dispensing with enquiry in exercise of the power under Article 311 (2) (b) of the Constitution of India. A statutory appeal filed against the aforesaid order of dismissal also stands dismissed vide order (Annexure P-29) passed by the Inspector General of Police Border Range, Amritsar upholding the dismissal of the petitioner. These two orders have been challenged by the petitioner in the present writ petition. Paragraphs 1 and 3 of the writ petition deal with various achievements, commendation certificates, cash awards, recommendation for promotion and the promotions granted to the petitioner. From these averments, it appears that during his service career in various capacities, the petitioner was awarded numerous commendation certificates for his courageous actions. The petitioner has stated that all along his career, he has served the police department and the State with his dedication, courage, efficiency and boldness. He has been instrumental in apprehending various terrorists and anti-social elements for which his services were appreciated and he was rewarded. He also claims to be a social worker. It is stated that on the basis of his exceptional and excellent performance as a Police officer, he was recommended for fortuitous promotion to the rank of ASI and such promotion was bestowed upon him on that count. Besides giving the details of his achievements and his profile, he has questioned the legality, validity and constitutionality of the order of dismissal on the following grounds - (1) that there must exist a situation which makes the holding of enquiry contemplated by Article 311 (2) not reasonably practicable; and (2) that the disciplinary authority must record reasons for its satisfaction to dispense with the disciplinary enquiry being not reasonably practicable.

(2.) During the pendency of this petition, the petitioner has also filed CM No. 20819 of 2004 for placing on record report dated 4.11.2004 submitted by the SHO, P.S. B Division, Amritsar. In this report, the SHO concerned has reported that FIR No. 159 dated 28.12.1992 under Sections 302/34 IPC, Sections 25/27/54/59 of the Arms Act and Sections 3/4/5 of the T.D. Act was registered on the statement of one Bua Dass son of Parshotam Dutt resident of H.No. 4628 Main Bazar, Ram Nagar, Sultanwind Road, Amritsar. The FIR relates to killing of Bawa Dass, the brother of the complainant. It is also reported that unknown persons ran away from the spot and the FIR was declared untraced on 21.7.1993. The petitioner also placed on record copy of statement of Jaspal Singh alias Kulwant Singh son of Surjan Singh, resident of Amritsar said to be recorded by SI Gurbachan Singh, P.S. B Division, Amritsar. It may be useful to reproduce the impugned dismissal order dated 17.6.1993 (Annexure P-28) passed by the Sr. Superintendent of Police, Amritsar as under :-

(3.) The respondent-State has filed detailed counter. It is alleged that the petitioner had developed links with hardcore terrorists of the area and with the passage of time, he was attracted towards the allurement of the extremists and then started working for them against the police department. It is further stated that this fact came to the light during interrogation of certain extremists. The disciplinary authority found that it was not reasonably practicable to hold a departmental enquiry. It is further stated that secret report of the SHO, P.S. B Division, Amritsar was verified by the Assistant Superintendent of Police and Superintendent of Police, City-I, Amritsar. They also corroborated the involvement of the petitioner in anti-national activities.