(1.) On 27th Feb., 2015, this Court passed the following order in the first motion hearing of the case presented under Art. 226 of the Constitution challenging an order of dismissal from service passed by the disciplinary authority empowered to dismiss by invoking Art. 311 (2) (a) of the Constitution. The order reads:
(2.) The State has appeared and filed written statement contesting the case taking various pleas including preliminary objections as discussed hereafter.
(3.) Briefly put, the petitioner was convicted in FIR No.74 dated 4th Oct., 2001 under Sections 447, 323, 342, 506, 148 & 149 IPC, registered at Police Station Sohana, District Mohali. The petitioner was released on probation of good conduct for one year on furnishing surety bond in a sum of Rs. 30,000.00. He was convicted to undergo sentence of imprisonment for one year by the order dated 9th July, 2013 passed by the learned Judicial Magistrate Ist Class, Mohali in complaint case titled 'Agya Singh & another Vs. Gurmeet Singh & others' .