Rajiv Narain Raina, J. - (1.) On 27th February, 2015, this Court passed the following order in the first motion hearing of the case presented under Article 226 of the Constitution challenging an order of dismissal from service passed by the disciplinary authority empowered to dismiss by invoking Article 311 (2) (a) of the Constitution. The order reads: "The conviction is for commission of crime in a private land dispute which has nothing to do with Government service. The petitioner had rendered 28 years of service before the dismissal order was passed. The dismissal is for conviction without going into the conduct which led to the conviction contrary to the mandate of Article 311 of the Constitution. Though an appeal is maintainable before the Additional Director General of Police (Jails), Punjab, Chandigarh in the case of Head Warder against an order of dismissal from service but it is pointed out from page 19 of the paper book that the appellate authority has himself granted approval to dismiss the petitioner and, therefore, the statutory appeal would be from Ceasar to Ceasar's wife. The petitioner would have retired in April, 2021 but for the punishment inflicted. Notice of motion, returnable by 9.4.2015. Notice re.: stay. Process dasti as well."
(2.) The State has appeared and filed written statement contesting the case taking various pleas including preliminary objections as discussed hereafter.
(3.) Briefly put, the petitioner was convicted in FIR No.74 dated 4th October, 2001 under Sections 447, 323, 342, 506, 148 & 149 IPC, registered at Police Station Sohana, District Mohali. The petitioner was released on probation of good conduct for one year on furnishing surety bond in a sum of Rs. 30,000/-. He was convicted to undergo sentence of imprisonment for one year by the order dated 9th July, 2013 passed by the learned Judicial Magistrate Ist Class, Mohali in complaint case titled 'Agya Singh & another v. Gurmeet Singh & others' .;