KARAM SINGH Vs. STATE OF PUNJAB & OTHERS
LAWS(P&H)-2016-6-150
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 01,2016

KARAM SINGH Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents




JUDGEMENT

G.S. Sandhawalia , J. - (1.)Petitioner challenges the order dated 25.05.2014 (Annexure P1) whereby his services had been dismissed by Senior Superintendent of Police, Batala-respondent No.4, under Article 311(2)(b) of the Constitution of India, by dispensing with the departmental enquiry.
(2.)The reasoning which weighed with the said respondent was that the petitioner who was a Head Constable along with a Local Rank ASI, Punjab Singh had let off one Rajbir Singh on two occasions. The said Rajbir Singh had been arrested and 95 grams of heroine and 860 grams of narcotic powder had been recovered and FIR No.73 dated 20.05.2014 under Sections, 21, 22, 61 & 85 of the NDPS Act had been lodged at P.S. City Batala. The Superintendent of Police (Detective) Batala had addressed a communication dated 23.05.2014 (Annexure R1/T) giving this information to respondent No.4 which led to the passing of the said order. Accordingly, by holding that the regular departmental enquiry was not reasonably practical as the said person would not depose against him, the same was dispensed with.
(3.)The appeal filed by the petitioner was dismissed vide order dated 05.09.2014 (Annexure P2), which is also subject matter of consideration. The appellate order records that the petitioner had defamed the department and the reputation had come down and by setting aside the order, it would increase the courage of the smugglers and they would continue with the illegal practice.


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