K.P. Bhandari, J. - (1.) The petitioner Sucha Singh was the Inspector of Police. He was dismissed from service without holding any enquiry as contemplated by Article 311 of the Constitution of India because it was decided by the President of India that it is not expedient to hold enquiry against the petitioner in terms of clause (2) sub-clause (c) of the Constitution. This writ petition is directed against the order of dismissal of service passed on behalf of the President of India. The impugned order reads as follows: "Whereas the President of India is satisfied under Sub Clause (c) of the proviso to clause (2) of Article 311 of the Constitution of India that in the interest of security of the State, it is not expedient to hold inquiry against Sh. Sucha Singh Inspector of Police, No. J/192. Whereas the President of India is satisfied that on the basis of the information available, the activities of Shri Sucha Singh Inspector of Police are such as to warrant his dismissal from service. Accordingly, the President of India, hereby dismiss Sh. Sucha Singh, Inspector from service with immediate effect. By order and in the name of the President."
(2.) This order of dismissal has been challenged on various grounds set out in para 13 of the writ petition. Written statement has been filed on behalf of the State by Shri R.P. Joshi, I.P.S., Dy. Inspector General of Police (Admn.). The petitioner also filed additional affidavit and rebutted the stand taken by the respondents in the written statement.
(3.) The petitioner filed representation against the order of dismissal passed by President of India. The representation of the petitioner was dismissed and the order was conveyed through the Director General of Police Punjab, Chandigarh. The order of dismissal of representation-cum-legal review reads as under: Government of Punjab Department of Home Affairs & Justice (Home I) From The Director General of Police Punjab, Chandigarh. Memo No. 161-SIS 2E(l)-87/ Dated Chandigarh the 4th September, 1987. Sub:- Representation of Ex-Inspector Sucha Singh No. J/182 Reference your memo No. 303-16-85/16310 dated the 20th August, 1987, on the subject noted above. 2. No representation or appeal lies in such cases where the official had been dismissed from service under Article 311(2) (c) of the Constitution of India. As Sh. Sucha Singh has been dismissed from service under the above said Article of Constitution hence his representation has been filed by Govt. 3. Record received from your is also returned herewith. (P.S. Sharma) Deputy Secretary Internal Security.";