BHOLA SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Challenge herein, inter alia, is to an order dtd. 21/4/2015 (Annexure P-2) passed by Deputy Inspector General of Police, Ferozepur Range(respondent No.4) vide which the petitioner, who at the relevant time was serving as Inspector, was awarded punishment of dismissal from service for his alleged involvement in registration of a false FIR and a suspected murder, in exercise of powers under Article 311 of the Constitution of India. An appeal preferred against the said punishment order was dismissed by the Appellate Authority(Inspector General of Police) vide order dtd. 18/12/2015. The said Appellate order, in turn, was upheld by the Director General of Police vide an order dtd. 17/4/2017(Annexure P-4), impugned herein.

(2.) Later, after being acquitted in the criminal trial, the petitioner preferred a mercy appeal, which though was declined by competent authority, but finally respondent No.1 vide order dtd. 5/7/2018 (Annexure P-9) partially allowed the same and instead of dismissal, the petitioner has been compulsorily retired from service.

(3.) Before adverting to the merits of the sustainability of punishment order/ Appellate Orders, impugned herein, the controversy that first requires adjudication at the threshold is, whether the punishment order was passed by a competent authority in law?