Rakesh Kumar Jain, J. - (1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Certiorari, for quashing the impugned order dated December 03, 2007 (Annexure P -17), dismissing her from service.
(2.) IN brief, the facts of the case are that the petitioner was recruited as a Constable on September 21, 1978 and was promoted as Head Constable on June 02, 1984. She was dismissed from service on January 27, 1994 by the Senior Superintendent of Police, Ludhiana invoking the provisions of Article 311(2)(b) of the Constitution of India. The petitioner had challenged the order dated January 27, 1994, by way of C.W.P. No. 2921 of 1994, which was allowed by a learned Single Judge of this Court vide order dated October 18, 2006 and that order was quashed. However, liberty was given to the respondents to proceed against the petitioner in accordance with law by holding an inquiry. The respondents State had challenge the order dated October 18, 2006, in L.P.A. No. 133 of 2007, but in the meanwhile, the petitioner was reinstated into service vide order dated May 12, 2007, passed by the Senior Superintendent of Police, Ludhiana . Since liberty was given to hold regular inquiry against the petitioner, therefore, SSP Ludhiana , vide his order dated May 12, 2007, ordered regular inquiry against the petitioner appointing Sh. Haish Kumar, PPS, SP, City -II, Ludhiana, under Punjab Police Rules 15.24 and in accordance with the Standing Order 3/1981 of DGP Punjab.
(3.) THE afore -stated L.P.A. was disposed of on November 02, 2007, observing that direction issued by the learned Single Judge, has been complied with since a regular inquiry has been initiated against the petitioner. After a detailed inquiry report dated November 17, 2007, the Inquiry Officer found that not only the petitioner was having links with the criminal elements, but also she has been convicted in a criminal case registered vide FIR No. 30 dated July 06, 1990 under Sections 420, 467, 468, 471 and 120B of I.P.C. at Police Station, Civil Lines, Ludhiana, by the Court of Sh. J.S. Chauhan, Addl. Chief Judicial Magistrate, Ludhiana on November 06, 2003, and was sentenced as under: 1. Under Section 419 I.P.C. To undergo Rigorous imprisonment for six months and to pay fine. of Rs. 500/ - in default of payment of fine undergo further R.I. for one month. 2. Under Section 467 I.P.C. To undergo Rigorous imprisonment for two years and to pay fine of Rs. 2,000/ - in default of payment of fine to undergo further R.I. for three months. 3. Under Section 468 I.P.C. To undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/ - in default of payment of fine to undergo further R.I. for two months. 4. Under Section 471 I.P.C. To undergo rigorous imprisonment for six months and to pay fine of Rs. 500/ - in default of payment of fine to undergo further R.I. for one month.;