BALJIT SINGH, EX-CONSTABLE S/O KHAZAN SINGH R/O VILLAGE BEHARWAL POST OFFICE LOPOKE, DISTT AMRITSAR Vs. SENIOR SUPERINTENDENT OF POLICE, AMRITSAR

JUDGEMENT

(1.) Jarnail Singh, brother of the petitioner died in 1981, while on duty as Constable in Punjab Police. As such, the petitioner was enrolled as Constable in Punjab Police on compassionate grounds, on 19.2.1982. He completed the training for Constable, without any complaint, and remained posted in District Amritsar. Thereafter, he was transferred to Police Station, Majitha. A false FIR, was registered against the petitioner, wherein, vague allegations were levelled against him, to the effect, that he was known to a number of extremists and provided shelter to some of them, who were in favour of Khalistan. On the basis of false case, the petitioner was taken into custody by the Amritsar Police under the directions of the respondent. The petitioner was tried and acquitted in the aforesaid FIR. It was stated that the respondent vide order 14.12.1988 (Annexure P-2) dismissed the petitioner from service, by resorting to the provisions of Article 311(2)(b) of the Constitution of India, read with Rule 16(1) of the Punjab Police Rules. The order dated 14.12.1988, was stated to be illegal, void and un-constitutional, on the grounds, that no reasons were recorded by the respondent, as to how, it was reasonably impracticable to hold a departmental enquiry, before dismissing the petitioner from service; that even the separate reasons, stated to have been recorded, as mentioned in the order Annexure P-2, did not see the light of the day. Ultimately, the instant petition, for the issuance of a Writ, in the nature of Certiorari, quashing the impugned order dated 14.12.1988 (Annexure P-2) was filed. A prayer for the issuance of a Writ of Mandamus, directing the respondents, to reinstate the petitioner, with back wages, and all other benefits, available to him, was also made.

(2.) In the written statement, filed by the respondents, it was pleaded that the petition was not maintainable, as the Punjab State was not impleaded as a party. It was stated that, no cause of action, arose to the petitioner, to invoke the extraordinary jurisdiction of this Court. The appointment of the petitioner as a temporary Constable on 19.2.1982, was admitted. It was stated that the information was received by the respondent that the petitioner while posted in Police Lines, Amritsar, had links with dreaded terrorists. It was also admitted that FIR No. 238 dated 16.12.1988 under Sections 216-A IPC and 3 and 4 of the Terrorist And Disruptive Activities(Prevention) Act, 1987, was registered against the petitioner, by the Police of P.S. Lopoke. The challan was put up before the Addl. Designated Court, Amritsar. It was further stated that the Order dated 14.12.1988 (Annexure P-2) dismissing the petitioner from service, was passed in public interest. It was further stated that the holding of departmental enquiry was found to be reasonably impracticable and as such, it was dispensed with by invoking the provisions of Article 311(2)(b) of the Constitution of India. The remaining averments were denied being wrong.

(3.) I have heard the learned Counsel for the parties, and have gone through the record of the case, carefully.