- (1.) Petitioners have approached this Court, impugning the order dated 12.8.2009 (Annexure-P-2), vide which their services have been terminated by the respondents by invoking Article 311(2)(b) of the Constitution of India.
(2.) It is the contention of counsel for the petitioners that as per the allegations and as mentioned in the order impugned, petitioners were caught red handed while demanding money from a truck driver, namely, Vijay Pal for which FIR No. 212, dated 9.8.2009 under Sections 392, 341 IPC, Police Station Kalanaur, District Rohtak was registered. Instead of holding regular departmental inquiry against the petitioners, a shortcut was invoked by the Superintendent of Police, Jhajjar-respondent No. 3 by stating that the crime committed by the petitioners was against the human dignity and requires lengthy judicial process, which results in grossly inadequate sentence being violative of the mandate of the legislature, resulting in injustice to the victim.
(3.) Merely on this ground, a conclusion has been drawn that it is not practicable to hold regular departmental inquiry against the petitioners and invoking powers under Article 311(2)(b) of the Constitution of India, impugned order dated 12.8.2009 stands passed, dismissing the petitioners from service. His further contention is that in the criminal case registered against the petitioners, petitioners stand acquitted by the Court of Judicial Magistrate 1st Class, Rohtak, vide judgment dated 6.8.2011. He on this basis contends that the impugned order cannot sustain and deserves to be set aside.;