Lawstreet Journal

Punjab & Haryana HC Sets Aside Dismissal Order Due to Inadequate Reasoning for Not Holding Inquiry [READ ORDER]

Lawstreet Journal 10 Sep 2020 7:17pm

Image courtesy: Lawstreet Journal Judiciary Punjab & Haryana HC Sets Aside Dismissal Order Due to Inadequate Reasoning for Not Holding Inquiry [READ ORDER]

The Punjab and Haryana High Court while hearing a writ petition has held that the order of dismissal in absence of sufficient reasons recorded in writing for not holding an inquiry against the employee’s misconduct is not sustainable. “The authority empowered to dismiss or remove a person or to reduce him in rank has to record reasons in writing as to why it is not reasonably practicable to hold such inquiry”, the court observed.

A petition was filed by Sarabjit Singh, a dismissed Punjab Police Constable challenging an order dated 04.03.2020 passed by the Commando Battalion, Mohali. The order dismissed the petitioner from the service. 

The impugned order was based on two FIRs registered against the petitioner. First FIR was registered on 29.02.2020 under the charges of rape and criminal intimidation over allegations that in 2010 before the petitioner joined service, he had an affair with the complainant. They also had a physical relationship. It was alleged that after getting the job, the petitioner stopped talking to the complainant and when she pressurized the petitioner, he threatened her that she will be killed or kidnapped or harmed by throwing acid. Therefore, the victim was silent for over a period of nine years. 

The second FIR dated 01.03.2020 was registered by a Police Official against Constable for evading arrest and related charges when the police tried to arrest him in relation to the first FIR.

On the basis of these allegations, the Commando Battalion chose to invoke Clause (b) of the 2nd Proviso to Article… Continue Reading...

Tagged: Punjab and Haryana High Court   Punjab & Haryana High Court  
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