LAWS(SC)-2014-5-46

RISAL SINGH Vs. STATE OF HARYANA

Decided On May 13, 2014
RISAL SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) In this appeal, by special leave, the assail is to the defensibility of the judgment and order dated 21.11.2008 passed by the High Court of Punjab and Haryana at Chandigarh in C.W.P. No. 19816/2008 whereby the Division Bench has concurred with the order of dismissal of the appellant passed by the Government after dispensing with the inquiry as provided under Article 311(2)(b) of the Constitution.

(2.) The broad essential facts which need to be adumbrated for the decision of the present appeal are that the appellant, an Assistant Sub-Inspector (Ad hoc Sub-Inspector) serving in the Department of Police in the State of Haryana, as alleged, was involved in a corruption sting operation in a television channel. Because of the said alleged sting operation, the Superintendent of Police, Mewat at Nuh, vide order dated 19.06.2008, after referring to the news item in the television channel, proceeded to pass the following order:

(3.) Being aggrieved by the aforesaid order, the appellant preferred a civil writ petition and the High Court without adverting to the essential contention that no reason had been ascribed for dispensing with the inquiry under Article 311(2)(b) opined that prompt action was required to be taken to avoid spreading of trouble and, therefore, the order passed by the authority was justified.