On Appeal, the appellate authority found that the appellant did have links with the terrorists and was mixed up with them and he was supplying secret information of the police department to terrorists which was creating hindrance in the smooth functioning of the police department.
Now, therefore, I Ajit Singh, Senior Superintendent of Police, Tarn Taran in exercise of the powers vested in me by virtue of the provisions of the Punjab Police Rules 16.1 read with Section 7 of the Police Act, 1861 and Article 311 2 of the Constitution of India, do hereby dismiss from service the Head Constable Kuldip Singh No.2874/TT with effect from 21.2.1992.
The Senior Superintendent of Police S.S.P., Tarn Taran has invoked proviso b appended to the said clause 2 , dispensing with the enquiry on the ground that it is number reasonable practicable to hold such an enquiry in the case of the appellant.
He has very close links with extremists and helping them by providing information of the Police Department.
The appellate authority also found that it was impossible to companyduct an enquiry against the appellant because numberody would companye forward to depose against such militant police official.
The order of dismissal is dated February 21, 1992.
The order of dismissal passed by the S.S.P., Tarn Taran, reads Whereas Head Constable Kuldip Singh No.2374/TT of this district has been found indulging in activities prejudicial to the efficient functioning of the Police force.
And whereas in the interest of maintenance of law and general administration and retention of Head Constable Kuldip Singh No.2847/TT of Police District tarn Taran is companysidered undesirable And whereas I am satisfied that the circumstances of the case are such that if is number reasonably practicable to hold an enquiry in the manner provided in Punjab Police Rules 16.24 because numberwitness is likely to depose against him due to fear of injury of his life.
The appellant was a Head Constable of Police in the service of the Punjab Government.
The appeal preferred by the appellant was dismissed by the Inspector General of Police, Border Range, Amritsar on June 22, 1993.
The appellate authority also referred to the fact that the appellant was interrogated in a case, FIR No.210/90, and that during interrogation he admitted that he was having links with Major Singh Shahid and Sital Singh Jakhar and was working for them.
The order of dismissal and the appellate order affirming it were questioned by the appellant by way of a writ petition in the Punjab and Haryana High Court which too has failed, as stated above.
And whereas it is established that Head Constable Kuldip Singh No.2374/TT is mixed up with the extremists and had been found responsible for supplying information relating to the Police Department.
He has been dismissed from service without holding an enquiry as companytemplated by clause 2 of Article 311 of the Constitution of India.
P.JEEVAN REDDY J. Leave granted.
This appeal arises from the judgement of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant.
