JASWANT SINGH Vs. STATE OF PUNJAB
LAWS(SC)-1990-11-42
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 27,1990

JASWANT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

SHAKUNTALA P DEVLEKAR VS. SURAT MUNICIPAL CORPORATION [LAWS(GJH)-2002-4-102] [REFERRED]
HARUN HAQUE VS. STATE OF ASSAM [LAWS(GAU)-1995-7-12] [REFERRED TO]
NUMBER 710593832 C/DVR NAGENDRA PATHAK VS. UNION OF INDIA & OTHERS [LAWS(GAU)-1994-5-26] [REFERRED TO]
MUKESH KUMAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-9] [REFERRED TO]
RAMA SRIVASTAVA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-9-25] [REFERRED TO]
SATYA PRAKASH RAI VS. STATE OF U.P. [LAWS(ALL)-2019-12-153] [REFERRED TO]
G. NARAYAN RAO, S/O. G. ABBAI ACHARI, HINDU, AGED ABOUT 41 YEARS, R/O. CISF QTR.NO.224/C, CISF NEW COMPLEX, VISAKHAPATNAM STEEL PLANT, UKKUNAGARAM POST, VISAKHAPATNAM VS. UNION OF INDIA, REP., BY ITS COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE CISF UNIT, VISAKHAPATNAM [LAWS(APH)-2016-10-14] [REFERRED TO]
EX CT JASMINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2009-10-4] [REFERRED TO]
COMMISSIONER OF POLICE VS. DAYA NAND [LAWS(DLH)-2009-9-156] [REFERRED TO]
SANDHYA GUPTA VS. DIRECTOR GENERAL OF POLICE, GOA AND ANOTHER [LAWS(BOM)-2009-7-321] [REFERRED TO]
TARSEM SINGH VS. STATE OF PUNJAB [LAWS(SC)-2006-1-78] [REFERRED TO]
EX. CONSTABLE REENA RANI VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2010-9-289] [REFERRED TO]
GH RASOOL DAR VS. STATE [LAWS(J&K)-1998-9-33] [REFERRED TO]
JAGIR SINGH VS. UNION OF INDIA [LAWS(J&K)-1998-10-27] [REFERRED TO]
STATE OF J&K VS. S KEHAR SINGH [LAWS(J&K)-1998-12-39] [REFERRED TO]
MOOL CHANDRA AGRAWAL VS. JIWAJI UNIVERSITY [LAWS(MPH)-1992-3-5] [REFERRED TO]
SAJID D. ANAND VS. STATE OF KERALA [LAWS(KER)-2017-11-251] [REFERRED TO]
KARAM SINGH VS. STATE OF PUNJAB & OTHERS [LAWS(P&H)-2016-6-150] [REFERRED TO]
WARDER RAM SINGH VS. STATE OF PUNJAB & ORS. [LAWS(P&H)-2016-8-123] [REFERRED TO]
RANJIT SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-11-52] [REFERRED TO]
GURBANS SINGH BAINS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-12-53] [REFERRED TO]
SUNIL KUMAR SINGH VS. UNION OF INDIA [LAWS(J&K)-2001-7-19] [REFERRED TO]
GH MOHD LONE VS. STATE OF J&K [LAWS(J&K)-1998-2-50] [REFERRED TO]
ROSHAN LAL BHAT VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1998-4-34] [REFERRED]
SUKHJINDER SINGH VS. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH [LAWS(P&H)-2019-3-133] [REFERRED TO]
VED MITTER GILL VS. UNION TERRITORY ADMINISTRATION, CHANDIGARH [LAWS(SC)-2015-3-89] [REFERRED TO]
K S PARMAR VS. UNION OF INDIA [LAWS(RAJ)-1999-1-45] [REFERRED TO]
Subhash Chandra VS. Senior Supdt of Police,Dehradun [LAWS(UTN)-2003-6-6] [REFERRED TO]
JYOTILAL DEBNATH VS. THE UNION OF INDIA AND ORS. [LAWS(TRIP)-2015-10-15] [REFERRED TO]
UNION OF INDIA VS. RAM BAHADUR YADAV [LAWS(SC)-2021-11-67] [REFERRED TO]
MAHESHBHAI BHURJIBHAI DAMOR VS. STATE OF GUJARAT [LAWS(GJH)-2022-2-688] [REFERRED TO]
BRIJENDRA BAHADUR SINGH CHOUHAN VS. MANAGING DIRECTOR M P S R T C BHOPAL [LAWS(MPH)-2003-9-59] [REFERRED TO]
EX. A.S.I. JOGA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-11-139] [REFERRED TO]
B S GURAYA VS. UNION OF INDIA [LAWS(P&H)-1996-3-57] [REFERRED TO]
SAHIB SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-1995-11-162] [REFERRED]
JIT SINGH, EX-SUPERINTENDENT OF POLICE VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2009-9-169] [REFERRED]
SWARAN SINGH VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-2000-2-3] [REFERRED TO]
RAJINDER SINGH NEGI VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2006-2-147] [REFERRED TO]
SATISH CHAND GUPTA VS. HARI OM [LAWS(DLH)-2007-7-138] [REFERRED TO]
UNION OF INDIA VS. SAHADEO SINGH [LAWS(CAL)-1995-6-7] [REFERRED TO]
GREESH KUMAR YADAV AND ANR. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-3-472] [REFERRED TO]
JAGDISH PRASAD VS. STATE OF U.P. [LAWS(ALL)-2012-10-204] [REFERRED TO]
LOK PAL SINGH VS. STATE [LAWS(ALL)-2011-9-222] [REFERRED TO]
RAMESH KUMAR CHANCHAL VS. ASSTT INSPECTOR GENRAL OF POLICE [LAWS(GAU)-2000-1-29] [REFERRED TO]
ZAFAR ALI KHAN VS. STATE OF U P [LAWS(ALL)-2007-4-397] [REFERRED]
BRIJ BHUSHAN SHARMA VS. STATE OF U P [LAWS(ALL)-2005-9-25] [REFERRED TO]
STATE OF J&K VS. CONSTABLE SANJEET KUMAR [LAWS(J&K)-2012-7-46] [REFERRED TO]
STATE OF PUNJAB VS. RAM SARUP [LAWS(P&H)-2017-9-114] [REFERRED TO]
DARSHAN JIT SINGH DHINDSA VS. STATE OF PUNJAB [LAWS(P&H)-1992-10-79] [REFERRED TO]
MUKHTIAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-11-161] [REFERRED]
GURCHARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-1-196] [REFERRED TO]
YUNISH MASIH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2011-2-523] [REFERRED]
PRATIMA KUMARI VS. STATE OF BIHAR [LAWS(PAT)-2021-5-8] [REFERRED TO]
ARUN KUMAR, SON OF INDRADEV SINGH VS. STATE OF BIHAR THROUGH CHIEF SECRETARY [LAWS(PAT)-2018-4-137] [REFERRED TO]
SUSHILA SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2010-9-247] [REFERRED TO]
HARI NIWAS GUPTA VS. STATE OF BIHAR [LAWS(SC)-2019-11-27] [REFERRED TO]
STATE OF J&K VS. GHULAM NABI DAR [LAWS(J&K)-2014-5-1] [REFERRED TO]
MUDASIR YOUSUF BHAT VS. UNION OF INDIA AND ORS [LAWS(J&K)-2018-6-23] [REFERRED TO]
BHUPAT SINGH YADAV VS. STATE OF U P [LAWS(ALL)-2006-8-223] [REFERRED TO]
NURUL HAQUE VS. STATE OF ASSAM & OTHERS [LAWS(GAU)-1995-7-36] [REFERRED TO]
RAJENDTRA PRASAD PATHAK VS. KENDRIYA VIDYALAYA SANGATHAN [LAWS(GAU)-1998-4-31] [REFERRED TO]
RAM DAS YADAV VS. SENA NAYAK 45TH BATTALION P A C [LAWS(ALL)-2001-3-77] [REFERRED TO]
DEEP NARAIN VS. DEPUTY INSPECTOR GENERAL OF POLICE, GORAKHPUR AND OTHERS [LAWS(ALL)-1994-7-110] [REFERRED TO]
AFJAL KHAN VS. STATE OF U P [LAWS(ALL)-2015-2-46] [REFERRED TO]
Laxman K Patil VS. State of Goa [LAWS(BOM)-2004-3-127] [REFERRED TO]
INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED VS. AJAY KUMAR [LAWS(DLH)-1999-11-72] [REFERRED]
EX. CONT. PAWAN KUMAR VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2009-7-405] [REFERRED TO]
BALKAR SINGH VS. UNION OF INDIA & OTHERS [LAWS(DLH)-2016-9-89] [REFERRED TO]
OM PRAKASH YADAV VS. STATE OF U P [LAWS(ALL)-2012-4-151] [REFERRED TO]
NAND RAM VS. STATE OF U P [LAWS(ALL)-2013-9-119] [REFERRED TO]
SUDHA SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-9-30] [REFERRED TO]
PHAYA NATH PANDEY VS. UNION OF INDIA [LAWS(ALL)-2014-10-33] [REFERRED TO]
SANTOSH KUMAR YADAV VS. STATE OF U.P. THROUGH PRINCIPAL SECY. HOME AND ORS. [LAWS(ALL)-2010-2-336] [REFERRED TO]
MANOJ KUMAR RAI VS. STATE OF UP [LAWS(ALL)-2010-7-129] [REFERRED TO]
TARKESHWAR THAKUR VS. STATE OF U P [LAWS(ALL)-2011-7-40] [REFERRED TO]
SANDEEP KUMAR VS. STATE OF U. P. [LAWS(ALL)-2021-3-51] [REFERRED TO]
LOKENDRA PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-8-343] [REFERRED TO]
DEVENDRA KUMAR KATIYAR VS. STATE OF U P AND OTHERS [LAWS(ALL)-2015-7-372] [REFERRED]
JOHN TAWE VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2016-11-20] [REFERRED TO]
SAILOVA SAILO VS. STATE OF MIZORAM [LAWS(GAU)-1999-4-18] [FOLLOWED ON]
NIRANJAN SINGH VS. STATE OF U P [LAWS(ALL)-2004-8-236] [REFERRED TO]
NARENDRA BABU TRIPATHI VS. DEPUTY INSPECTOR GENERAL OF POLICE MORADABAD RANGE AND SUPERINTENDENT [LAWS(ALL)-2005-10-24] [REFERRED TO]
UMESH CHANDRA VS. STATE OF U P [LAWS(ALL)-2005-2-114] [REFERRED TO]
JAI PRAKASH SINGH YADAV VS. STATE OF U P [LAWS(ALL)-2010-1-47] [REFERRED TO]
RAKSH PAL SINGH VS. STATE OF U P [LAWS(ALL)-2009-4-24] [REFERRED TO]
STATE OF U P VS. RAM CHANDRA SINGH [LAWS(ALL)-2009-4-503] [REFERRED TO]
GHULAM MOHI-UD-DIN KHAN VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2019-12-56] [REFERRED TO]
STATE OF KERALA VS. A.M.NOUSHAD [LAWS(KER)-2017-11-427] [REFERRED TO]
PRAMOD TIWARI VS. CHANCELLOR, JNKVV [LAWS(MPH)-2012-11-105] [REFERRED TO]
PRAMOD TIWARI VS. CHANCELLOR, JNKVV AND OTHERS [LAWS(MPH)-2012-10-277] [REFERRED]
GURDEV SINGH EX-CONSTABLE VS. STATE OF PUNJAB [LAWS(P&H)-1995-7-67] [REFERRED TO]
RAJENDRA KUMAR JOSHI VS. DEPUTY CHIEF SECURITY COMMISSIONER AND OTHERS [LAWS(MPH)-2005-6-42] [REFERRED TO]
BANWARI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-11-188] [REFERRED TO]
HARDEEP SINGH AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-11-173] [REFERRED TO]
RAMESH CHAND VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-9-389] [REFERRED TO]
RAKHI SHUKLA VS. STATE OF M P [LAWS(MPH)-2013-12-103] [REFERRED]
MD. MUQADDAR KHAN VS. STATE OF BIHAR [LAWS(PAT)-2021-4-12] [REFERRED TO]
CONSTABLE HARINDER KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2013-10-163] [REFERRED TO]
AMIT CHAURASIA VS. STATE OF M.P. [LAWS(MPH)-2021-8-85] [REFERRED TO]
STATE OF U.P. THRU PRINCIPAL SECRETARY HOME AND ORS. VS. STATE PUBLIC SERVICE TRIBUNAL AND ANR. [LAWS(ALL)-2011-7-372] [REFERRED TO]
ASHOK KUMAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-11-369] [REFERRED TO]
NEERAJ KUMAR PANDEY VS. STATE OF UP [LAWS(ALL)-2010-7-15] [REFERRED TO]
BARKAT HUSSAIN VS. STATE OF J&K [LAWS(J&K)-1998-5-34] [REFERRED TO]
MOHD AMIN DAR VS. STATE [LAWS(J&K)-2000-8-17] [REFERRED TO]
PRADEEP KUMAR VS. STATE OF U. P. [LAWS(ALL)-2021-8-171] [REFERRED TO]
UMESH CHANDRA VS. STATE OF U.P. [LAWS(ALL)-2019-8-372] [REFERRED TO]
RAM NARESH TRIPATHI VS. STATE OF U P THRU PRIN SECY HOME & ANR [LAWS(ALL)-2019-2-144] [REFERRED TO]
SANJAY SINGH VS. STATE OF U.P. THRU PRIN. SECY. DEPTT. OF HOME & OTHERS [LAWS(ALL)-2016-11-29] [REFERRED TO]
RAM NARESH & ANOTHER VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-5-557] [REFERRED TO]
DHARMENDRA KUMAR AZAD VS. STATE OF U P & OTHERS [LAWS(ALL)-2017-8-371] [REFERRED TO]
THRONGKIU YIMCHUNGER VS. STATE OF NAGALAND [LAWS(GAU)-1996-8-52] [REFERRED TO]
RAVINDRA RAGHAV S O SRI SHARAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-3-39] [REFERRED TO]
DHARAM PAL SINGH VS. STATE OF U P [LAWS(ALL)-2004-8-293] [REFERRED TO]
RAM BABU SINGH VS. STATE OF U P [LAWS(ALL)-2009-4-285] [REFERRED TO]
MALTI TIWARI VS. STATE OF U P [LAWS(ALL)-2009-4-488] [REFERRED TO]
M P ELECTRICITY BOARD VS. GIRISH KUMAR TOMAR [LAWS(MPH)-2002-8-25] [REFERRED TO]
E SAVARI VS. EXCISE SUPERINTENDENT KURNOOL [LAWS(APH)-1994-5-2] [REFERRED TO]
PARAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-5-17] [REFERRED TO]
KABAL SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2016-3-59] [REFERRED TO]
BALKAR SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-9-95] [REFERRED TO]
NIRMAL SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2016-4-40] [REFERRED TO]
AMAR DUTT PUROHIT S/O LATE GAURI VALLABH PUROHIT VS. STATE OF RAJASTHAN THROUGH SECRETARY, DEPARTMENT OF PERSONNEL [LAWS(RAJ)-2017-1-298] [REFERRED TO]
SALAM VS. UNION OF INDIA [LAWS(PAT)-2014-3-41] [REFERRED TO]
MD. SALAM VS. UNION OF INDIA [LAWS(PAT)-2015-11-24] [REFERRED TO]
STATE OF ORISSA VS. AMULYA KUMAR CHAMPATIRAY [LAWS(ORI)-2017-1-70] [REFERRED TO]
SANGRAM SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-1995-2-205] [REFERRED]
LALJI DASS, EX-CONSTABLE VS. STATE OF PUNJAB [LAWS(P&H)-1995-10-156] [REFERRED]
R S MISRA VS. UNION OF INDIA [LAWS(DLH)-1994-9-5] [RELIED ON]
SUPERINTENDENT OF POLICE VS. B DILIP KUMAR [LAWS(APH)-2005-1-13] [REFERRED TO]
V. SHANMUGAM VS. SENIOR SUPERINTENDENT OF POLICE (C&I) PUDUCHERRY [LAWS(MAD)-2017-6-85] [REFERRED TO]
VIKAS VERMA VS. UNION OF INDIA [LAWS(KAR)-2022-6-884] [REFERRED TO]
MOINUDDIN VS. UNION OF INDIA UOI [LAWS(ALL)-2004-10-138] [REFERRED TO]
KESHAV NATH RAI VS. STATE OF U P [LAWS(ALL)-2009-2-122] [RELIED ON]
JIVANBHAI SHIVABHAI GARODA VS. UNION OF INDIA [LAWS(GJH)-2004-8-32] [REFERRED TO]
UNION OF INDIA VS. VIRPAL SINGH [LAWS(J&K)-2015-8-28] [REFERRED TO]
UNION OF INDIA VS. NRIPEN DAS [LAWS(GAU)-2004-11-34] [REFERRED TO]
DELHI ADMINISTRATION VS. EX CONSTABLE INDERJIT [LAWS(DLH)-2002-9-208] [REFERRED]
LAKSHMIKANT TIWARI S/O RAMAVTAR TIWARI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-2-21] [REFERRED TO]
SANTOSH SINGH VS. STATE OF U P [LAWS(ALL)-2011-9-23] [REFERRED TO]
GABBAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-5-334] [REFERRED TO]
RAM GOPAL VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2016-9-375] [REFERRED TO]
REENA RANI VS. STATE OF HARYANA [LAWS(SC)-2012-3-53] [REFERRED TO]
GURCHARAN SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-9-72] [REFERRED TO]
DINESH SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-8-415] [REFERRED TO]
GAMBHIR SINGH BHADORIYA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-12-35] [REFERRED TO]
STATE OF RAJASTHAN VS. AMAR SINGH [LAWS(RAJ)-2022-2-109] [REFERRED TO]
BALJIT SINGH, EX-CONSTABLE S/O KHAZAN SINGH R/O VILLAGE BEHARWAL POST OFFICE LOPOKE, DISTT AMRITSAR VS. SENIOR SUPERINTENDENT OF POLICE, AMRITSAR [LAWS(P&H)-2007-12-163] [REFERRED]
SWARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1996-1-206] [REFERRED]
SANAT KUMAR BISWAS VS. FOOD CORPORATION OF INDIA & ORS. [LAWS(CAL)-2002-4-75] [REFERRED TO]
BARUN KUMAR SUKUL VS. STEEL AUTHORITY OF INDIA [LAWS(CAL)-2009-3-62] [REFERRED TO]
O P SHARMA VS. UNION OF INDIA [LAWS(J&K)-1998-10-29] [REFERRED]
FAROOQ AHMAD MIR VS. STATE OF J&K [LAWS(J&K)-2004-11-12] [REFERRED TO]
SAHADEO SINGH VS. UNION OF INDIA [LAWS(SC)-2003-2-117] [REFERRED]
KENDRIYA VIDYALAYA SANGATHAN AND OTHERS VS. SHRI ANANTA CHANDRA DAS AND OTHERS [LAWS(ORI)-2017-2-14] [REFERRED TO]
GULAM AHMAD PAUL VS. STATE OF J and K [LAWS(J&K)-1999-7-3] [REFERRED TO]
SALAM VS. THE UNION OF INDIA AND ORS. [LAWS(PAT)-2015-11-49] [REFERRED TO]
SATYENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-5-34] [REFERRED TO]
STATE OF MAHARASHTRA VS. S P KALAMKAR [LAWS(BOM)-2008-1-111] [REFERRED TO]
EX HEAD CONSTABLE PARAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-11-159] [REFERRED]
LAISHRAM SUSHIL SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2020-1-11] [REFERRED TO]
RAM KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2005-1-191] [REFERRED]
GURMIT SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2010-8-574] [REFERRED]
P D KAPDI VS. SUPERINTENDING ENGINEER [LAWS(GJH)-2001-8-78] [REFERRED]
KANTILAL GANDALAL MADHAK VS. UNION OF INDIA [LAWS(GJH)-1999-2-22] [RELIED ON]
A M PRABHAKARAN NAIR VS. UNION OF INDIA UOI [LAWS(KER)-1991-9-35] [REFERRED TO]
STATE OF U P AND OTHERS VS. RAGHUVIR RAM [LAWS(ALL)-2018-1-599] [REFERRED TO]
SURENDRA SINGH NEGI AND 27 VS. UNION OF INDIA AND 6 [LAWS(ALL)-1998-4-21] [REFERRED TO]
UNION OF INDIA VS. PINTU KUMAR [LAWS(CAL)-2019-9-133] [REFERRED TO]
LALLOO SINGH VS. STATE OF U P [LAWS(ALL)-2007-11-126] [REFERRED TO]
SANTOSH KUMAR GUPTA VS. STATE OF U P [LAWS(ALL)-2008-12-220] [REFERRED TO]
RAM CHANDRA PAL VS. STATE OF U P [LAWS(ALL)-2008-12-248] [REFERRED TO]
Const.703 Keshav Nath Rai VS. State of U.P.and Another [LAWS(ALL)-2009-2-180] [REFERRED TO]
BARKHU RAM VS. STATE OF U.P. [LAWS(ALL)-2009-12-135] [REFERRED TO]
MOTI LAL VS. STATE OF U P [LAWS(ALL)-2007-11-22] [REFERRED TO]
CONSTABLE KAMLA SINGH VS. STATE OF U P [LAWS(ALL)-2004-8-231] [REFERRED TO]
KUNWAR JEET SINGH, VS. THE STATE OF U.P. AND ORS. [LAWS(ALL)-2010-2-347] [REFERRED TO]
CONSTABLE 1068, A.P. VINAY KUMAR VS. STATE OF U.P. AND ANR. [LAWS(ALL)-2010-8-560] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2012-4-157] [REFERRED TO]
KULDEEP KUMAR VS. STATE OF U P [LAWS(ALL)-2011-7-140] [REFERRED TO]
RAJENDRA PRASAD SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-2-4] [REFERRED TO]
RAM VEER SINGH VS. STATE OF U P [LAWS(ALL)-2008-12-245] [REFERRED TO]
PUSHPENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2008-2-47] [REFERRED TO]
ACHAL SINGH VS. STATE OF U P [LAWS(ALL)-2002-2-123] [REFERRED TO]
BALVEER SINGH VS. STATE OF U P [LAWS(ALL)-1995-11-85] [REFERRED TO]
SHIV KUMAR MUKHYA ARAKSHI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-5-213] [REFERRED TO]
SURENDRA SINGH NEGI VS. UNION OF INDIA UOI [LAWS(ALL)-1998-3-152] [REFERRED TO]
MAHANGI RAM VS. STATE OF U P [LAWS(ALL)-2014-5-143] [REFERRED TO]
RAKESH YADAV VS. STATE OF UP [LAWS(ALL)-2010-5-103] [REFERRED TO]
LOP PAL SINGH VS. STATE OF U P [LAWS(ALL)-2011-9-134] [REFERRED TO]
SHANKER PAL VS. STATE OF U P [LAWS(ALL)-2011-8-153] [REFERRED TO]
KUSHAL PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-12-89] [REFERRED TO]
JITENDRA KUMAR YADAV VS. STATE OF U P AND 2 ORS [LAWS(ALL)-2017-8-463] [REFERRED TO]
SURESH CHANDRA DUBEY VS. STATE OF U P AND OTHERS [LAWS(ALL)-2016-5-262] [REFERRED]
TARUN RAJPUT VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-7-75] [REFERRED TO]
SHANKERLAL KANAIYALAL NARWELE VS. DIVISIONAL SECURITY COMMISSIONER [LAWS(GJH)-2001-2-20] [REFERRED]
K K SHRIVASTAVA VS. M P STATE ROAD TRANSPORT CORPORATION [LAWS(MPH)-2002-9-6] [REFERRED TO]
DASHRATH LAL AND ORS. VS. DELHI VIDYUT BOARD [LAWS(DLH)-2015-11-322] [REFERRED TO]
RISAL SINGH VS. STATE OF HARYANA [LAWS(SC)-2014-5-46] [REFERRED TO]
SHUKDEO OJHA VS. STATE OF BIHAR [LAWS(PAT)-2010-1-97] [REFERRED TO]
GOVERNMENT OF KERALA VS. P. GOPINATHAN [LAWS(KER)-2019-9-34] [REFERRED TO]
LAKHA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-2-120] [REFERRED TO]
RAJNISH KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2021-1-19] [REFERRED TO]
RAMJEET YADAV VS. STATE OF BIHAR [LAWS(PAT)-2018-7-19] [REFERRED TO]
PUNJAB SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-12-178] [REFERRED TO]
ARJAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-11-163] [REFERRED]
NARENDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-8-161] [REFERRED]
GOVIND KALWANI VS. THE RAJASTHAN HIGH COURT [LAWS(RAJ)-2014-10-5] [REFERRED TO]
RANJIT ROY VS. SARDAR VALLABHBHAI NATIONAL INSTITUTE OF TECHNOLOGY & 2 [LAWS(GJH)-2015-8-118] [REFERRED]
DR. R.K.SOOD VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2010-12-243] [REFERRED TO]


JUDGEMENT

- (1.)Invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India and Rule 16.1(2) of the Punjab Police Rules, the Assistant Inspector General, Government Railway Police, Patiala, passed the impugned order dated April 7, 1981 dismissing the petitioner from service with immediate effect. The reasons assigned for dispensing with the departmental enquiry contemplated by Article 311(2) of the Constitution are set out in paragraph 3 of the impugned order, which reads as under:
"And whereas it has been reported that he has thrown threats that he with the help of other police employees will not allow holding of any departmental enquiry against him and he and his associates will not hesitate to cause physical injury to the witnesses as well as the enquiry officer."

The dismissal order is based on the allegation that the appellant was instigating his fellow police officials to cause indiscipline, show insubordination and exhibit disloyalty; that he was meeting other police officials and inducing them to stand against the senior officers and was thus spreading discontentment, hatred and dissatisfaction amongst his fellow policemen towards the superiors and that he betrayed lack of sense of discipline which was highly unbecoming of a member of the police force expected to maintain law and order. The appellant, feeling aggrieved by this order, preferred an appeal but of no avail. He, therefore, filed a Writ Petition No. 932 of 1982 in the High Court of Punjab and Haryana challenging the impugned order on diverse grounds. The said Writ Petition was dismissed in limine on August 11, 1982. Feeling aggrieved by the summary dismissal of his Writ Petition he has preferred the present appeal by special leave. In order to understand his grievance it may be necessary to notice a few facts.

(2.)The appellant was placed under suspension on April 19, 1978 on the ground that he had absented himself from duty to attend the Annual Nirankari Samagam held on April 13, 1978. The allegation was enquired into through the concerned Assistant Superintendent of Police. As nothing objectionable was found he was exonerated and was ordered to be taken back in service with effect from the date of his suspension. Thereafter, two departmental enquiries were initiated against him. The outcome of the first inquiry was his reversion to the lower post of Constable; the second inquiry resulted in his dismissal from service. Both these orders of April 27, 1979 and October 12, 1979, respectively, passed by ASP/ GRP, Patiala were challenged by two separate appeals. Both these appeals were dismissed by the third respondent by his orders dated March 18 and 19, 1980. The appellant preferred two separate Revision Applications to the Inspector General of Police, Punjab which were allowed' on October 13, 1980 and both the cases were remanded with a direction to reconsider the inquiry report and pass fresh orders.. The ASP/ GRP was directed to reinstate the appellant and then issue fresh show cause notices. After the above orders were passed the appellant rejoined duties as Head Constable on March 5, 1981. The third respondent, however, placed him under suspension forthwith. Thereafter, the appellant sought an interview with the Director General/ Inspector General of Police, Punjab by his two letters dated March 23 and 27, 1981 addressed to respondent No. 3. Since respondent No. 3 refused permission the appellant claims to have written a letter dated March 24, 1981 to the DG/ IGP informing him about the objectionable activities of respondent No. 3. The receipt of this letter by the office of DG/ IGP is, however, disputed although the appellant has produced an acknowledgement dated March 27, 1981 evidencing the receipt thereof. Be that as it may, the fact remains that after the remand orders were passed in the appellant's two Revision Applications, the third respondent issued two separate notices, both dated April 4, 1981, calling upon the appellant to show cause within 10 days from the receipt thereof why he should not be dismissed from service. Before the service of these show cause notices an incident occurred at about 11.00 a.m. on April 6, 1981 in GRP Lines, Patiala, where the appellant resided. The allegation is that on that date at the said time and place S.I., Niranjan Singh, A.S.I., Harmel Singh and A.S.I., Ram Prakash were in the verandah of barrack No. 8. In their full view the appellant appeared in the verandah with a knife in his left hand and tried to plunge the same into his chest with a view to committing suicide. S.I., Niranjan Singh, acting on impulse, gave a push to the appellant's left hand but in the process the blade of the knife caused an injury to the appellant on his right arm and his shirt was blood-stained. The appellant was chargesheeted under S. 309, I.P.C. and was sent to the hospital for treatment, It is alleged that while he was in hospital the two show cause notices were served on him on April 6, 1981 at about 10.00 p.m. Even though 10 days time was allowed to him to show cause, the third respondent who was biased against him passed the impugned order of dismissal on April 7, 1981. The appellant contends that the third respondent's action was clearly mala fide and actuated by ulterior motives. The appellant further contends that there was no justification for dispensing with the enquiry contemplated by Article 311(2) and the ground given in paragraph 3 of the impugned order is wholly imaginary. He further contends that the impugned order of April 7, 1981 was not actually served on him but his signature was obtained on some piece of paper while he was in hospital. According to him, after he was discharged from the hospital he applied for a copy of the impugned order but the third respondent failed to furnish the same to him. Similar applications were also addressed to the DG/ IGP from time to time but he did not receive any reply to his letters and reminders. Since the period of limitation for filing an appeal was likely to expire he preferred his appeal without being aware of the contents of the impugned order. This appeal was dismissed by the DG/IGP by his order dated January 29, 1982. He then filed a Civil Suit in the Court of the learned Senior Sub-Judge, Patiala, wherein he applies for production of documents and secured an order for the production of a copy of the impugned dismissal order dated April 7,1981. After a copy of the impugned order was produced he preferred another departmental appeal but that too was dismissed on, February 5, 1982. After he failed to pursuade the Appellate Authority to look into his grievances he filed the Writ Petition which has given rise to this appeal. The department's case found in the counter is that on the night of April 5/ 6, 1981, the Lines Officer had gone to check the presence of the appellant in his quarter when the latter bolted the door from inside and threatened the Lines Officer and then filed a false case that the Lines Officer had broken his window panes and had thrown stones in his room. On inquiry the complaint was found to be baseless. Thereafter, on April 6, 1981, at about 11..00 a.m. the appellant attempted to commit suicide.
(3.)Before we deal with the challenge to the impugned order of dismissal it may be stated that the appellant was convicted under Section 309, I.P.C. by the learned Judicial Magistrate, First Class, Patiala, by his order dated March 15, 1985. The appellant preferred an appeal being Criminal Appeal No. 27 of 1985, in the Court of the learned Sessions Judge, Patiala, which was allowed. The learned Sessions Judge found several flaws in the prosecution version regarding the incident and opined that the two eye-witnesses S.I., Niranjan Singh and A. S.I., Harmel Singh had betrayed special bias against the appellant whose relations with his superiors were strained. The learned Sessions Judge also felt that evidence regarding his radiological examination was suppressed and no effort was made to measure the depth of his injury which would have thrown considerable light. While, dealing with the prosecution evidence against the appellant, the learned Sessions Judge observed as under:
"Against this background, 1 find no difficulty to deduce the inference that the accused was considered by him (respondent No. 3) a thorn in flesh. S. 1. Niranjan Singh was also inimically disposed towards the accused. In these circumstances evidence of the eye-witnesses has to be approached with a pinch of salt."

He reached the conclusion of acquittal in paragraph 8 of his judgment in the following words:

"In the light of the above discussion, it is permissible to conclude that for certain reasons not disclosed on the file, the accused had incurred wrath of his superiors including Shri S. S. Mann (respondent No.3), the appointing and dismissing authority of the accused. Before the present occurrence, the authorities had passed very drastic orders against the accused. Against this background, in the absence of any independent and reliable evidence, the possibility of the accused having been falsely implicated in this case cannot be ruled out."

It will thus be seen from the learned Sessions Judge's order that the appellant's defence was that he was wrongly framed at the behest of respondent No. 3 by S.I., Niranjan Singh and A.S.I., Harmel Singh who had posed as eyewitnesses to the incident. According to him there was actually an attempt to take his life. The prosecution admittedly did not pursue the matter any further and allowed the order of acquittal to become final. From the judgment of the learned Sessions Judge two things become abundantly clear, namely, (i) that the incident had taken place on ' the morning of April 6, 1981 at the GRP Lines, Patiala in which the appellant had sustained a knife injury on his right upper arm; and (ii) that he was in hospital on April 6 and 7, 1981 when the two show cause notices and the impugned order of dismissal were served upon him. The story that an attempt was made to serve the notices on April 6, 1981 early in the morning cannot be believed. It is in the backdrop of these facts that we must consider the appellant's allegation that the dismissal order was passed in hot haste by the third respondent who was inimical towards him as he had become a threat to his prejudicial activities.

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