Daya Chaudhary, J. - (1.) By this judgment of mine two cases bearing CWP Nos.1947 and 19471 of 2015 shall be disposed of as common questions of law and facts involved are the same. However, for the sake of brevity, the facts are being extracted from CWP No.1947 of 2015.
(2.) The prayer made in the present writ petition is for issuance of a writ in the nature of mandamus directing respondents No.2 to 4 to reappoint the petitioners after setting aside order of dismissal (Annexure P-5) dated 25.01.2013, Annexure P-8 dated 16.08.2013 and Annexure P-9 dated 14.10.2014 as no opportunity of hearing was given to them.
(3.) Briefly, the facts of the case as made out in the present writ petition are that the petitioners along with other colleagues namely, PSC Lakhwinder Singh, PHC Dalbir Singh and PHC Amrik Singh, were taking Jassa Singh @ Ganja, Lakha Singh and Buta Singh, who were accused in case No.55 dated 10.07.2011, registered under Section 382 of Indian Penal Code, Police Station Haryana, District Hoshiarpur, to the Court of Judicial Magistrate Ist Class for hearing on 17.01.2013. There was a traffic jam near Jandiala Town and petitioner No.1 got out of the car to see the reason for the traffic jam whereas two constables were sitting in the truck with the three accused persons. Said three accused with the common intention pushed the petitioners and escaped from Police van by hiding themselves in the crowd along with the handcuffs. Resultantly, all were dismissed from service vide order dated 25.01.2013 (Annexure P-5) under Article 311(2) of Constitution of India. FIR No.17 was also registered against the petitioners and other colleagues. All filed appeal against orders of dismissal, PHC Dalbir Singh and PHC Amrik Singh were reinstated by the DIG Border Range.;