WARDER RAM SINGH Vs. STATE OF PUNJAB & ORS.
LAWS(P&H)-2016-8-123
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 22,2016

Warder Ram Singh Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Daya Chaudhary, J. - (1.) This petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing impugned order dated 11.11.2014 (Annexure P-3) whereby the services of the petitioner have been dispensed with without holding an enquiry and without giving an opportunity of hearing. A further prayer has also been made for issuance of a writ in the nature of Mandamus directing the respondents to reinstate the petitioner in service to the post of Warder and to grant him all consequential benefits.
(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was appointed on the post of Warder on 12.09.1987 and posted at Sangrur Jail. He continued to work there till 1993. Thereafter, he was transferred to Open Jail, Nabha. He continued there upto the year 1999 and thereafter again he was transferred to Security Jail, Nabha. He continued there till the year 2004 and then was transferred to the Jail at Malerkotla where he continued to perform his duties till the year 2011. He remained posted in New District Jail Nabha on deputation.
(3.) On the night of 4th September, 2014, a raid was conducted in the jail premises, during which, some narcotic substance was alleged to have been recovered from the pocket of trousers of the petitioner subsequent whereupon a case bearing FIR No.93 dated 5.9.2014 was registered under Sections 15/18/61/85 of the NDPS Act alleging therein that he was found to be involved in supplying narcotics to the jail inmates, thereby violated the provisions of para Nos.176, 177 and 206 of the Punjab Jail Manual. The petitioner was suspended on lodging of the above-said FIR and ultimately dismissed from service as per the provisions of Article 311 (2)(b) of the Constitution of India without conducting an enquiry by virtue of order dated 11.11.2014 (Annexure P-3), which has been challenged by the petitioner in the present petition.;


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