J.S. Khehar, J. - (1.) Through the instant writ petition, the petitioner has impugned the order dated 15.1.2007, whereby the Senior Superintendent of Police, Moga, having invoked Clause (b) of the 2nd proviso to Article 311(2) of the Constitution of India, has inflicted the punishment of dismissal from service, on the petitioner. The petitioner filed an appeal against the order dated 15.1.2007. The appeal preferred by the petitioner was also dismissed by the Deputy Inspector General of Police, Ferozepur Cantt. by an order dated 14.7.2007. The appellate order has also been impugned by the petitioner.
(2.) The factual position narrating the delinquency committed by the petitioner on the basis of which the Senior Superintendent of Police, Moga, invoked Clause (b) of the 2nd proviso to Article 311(2) of the Constitution of India, is narrated in the opening paragraph of the impugned order dated 15.1.2007. The factual position pertaining to the alleged misconduct committed by the petitioner expressed in the opening paragraph of the impugned order dated 15.1.2007 is extracted hereunder: A case FIR No. 276 dated 13.12.2006 u/s 354, 323 IPC PS Dharamkot has been registered against Head Const. Tara Singh No. 696/Moga on the allegations that while he was posted at PP Kishan Pura (PS Dharamkot) on 6.12.2006 at 8.30 PM, he went to the Civil Hospital, Dharamkot in a drunkard condition and eve -teased with Smt. Sunita Rani w/o Sh. Kulwant Rai R/o Nurpur PS Dharamkot who (the husband of Smt. Sunita Rani) was met with an accident and admitted in Civil Hospital Dharamkot for treatment. Smt. Sunita Rani opposed this but HC Tara Singh No. 696/Moga insulted her with the bad intention and scratched her mouth.
(3.) In the appellate order passed on 14.7.2007, the aforesaid factual position pertaining to the delinquency committed by the petitioner stands reiterated in the following words: Brief facts are that a case was registered vide FIR No. 276 dated 13.12.2006 under Ss. 354/323 IPC Police Station, Dharamkot on the statement of Kulwant Rai son of Chaman Lal caste Khatri, resident of Nurpur Dharamkot, against Head Constable Tara Singh No. 696 Moga. Kulwant Rai was doing the job of driver on the Tempo travel. Due to accident of Tempo Travel on 5.12.2006 he received injuries and he was admitted in Civil Hospital, Dharamkot. His wife Sunita Rani was taking care of him in the hospital. On 6.12.200 Civil Hospital in drunkard condition and started teasing his wife Sunita Rani by holding her from arm. On the protest and with the intention to insult her she scratched nails on her mouth. Complainant Kulwant Rai raised hue and cry and got released his wife. The punishing authority held that keeping in view the misbehaviour of the appellant and the facts on the file and perusal of the record that the appellant was a member of disciplined force and thus his offence is liable to be punished. Departmental enquiry will consume much time. Therefore, due to this accused is dismissed from the police service under Article 311(2)(b) w.e.f. 15.1.2007.;