- (1.) This writ petition has been filed by Darshan Singh, Ex-Inspector of Police, challenging the order of his dismissal from service, dated 18th March, 1984, passed by the Deputy Inspector General of Police. Alongwith the petitioner Sham Nath, Inspector was also dismissed from service on the same charges. The order of dismissal is based on the allegations that Sub-Inspector Bissu Ram was murdered in the bazar of Guru Har Sahai, on 18th December, 1983, and the petitioner and Sham Nath, Inspector, who were in the police station, did not take prompt action to capture the assailants. The petitioner was dismissed from service by the Deputy Inspector General of Police, by invoking the provisions of Article 311(2)(b) of the Constitution of India, vide order dated 18th March, 1984 (Annexure P-1). The petitioner preferred an appeal against the order of dismissal from service. The said appeal was dismissed by the Inspector General of Police, vide order dated 18th April, 1988 (Annexure P-6). The Inspector General of Police did not afford any personal hearing before passing the order Annexure P-6.
(2.) Shri Sham Nath, Inspector who was dismissed on the same charges filed a civil suit. The said suit was decreed and accordingly he was reinstated on 25th March, 1987. Thereafter, the petitioner represented to the authorities for his reinstatement vide Annexure P-5, but to no effect.
(3.) The petitioner has challenged the validity of the order of dismissal from service and the orders passed in appeal on the following grounds :- (a) That the petitioner was appointed by the orders of the Inspector General of Police and he has been dismissed from service by the Deputy Inspector General of Police, an officer subordinate to the appointing authority and, therefore, the impugned order of dismissal from service is violative of Article 311 of the Constitution of India. (b) The petitioner claims that the order of his promotion was. made by the Inspector General of Police vide order No. 20227-38-E1, dated 8.11.1978. He further claims that the order issued by the Deputy Inspector General of Police, vide No. 17114/A-1 dated 1.12.1978 is merely publication of the order of the Inspector General of Police appointing the petitioner. (c) The Deputy Inspector General of Police has wrongly invoked the provisions of Article 311(b) of the Constitution of India when he had held inquiry against the petitioner and it was not practicable to hold an enquiry against him. (d) The order of dismissal from service according to the provisions of rule 16.2 of Punjab Police Rules, 1934 can only be passed for the gravest acts of misconduct. The petitioner's record of service and length of service were not taken into consideration while passing the impugned order.;