HC upholds Punjab govt decision of sacking cop without probe
3 months, 2 weeks ago

HC upholds Punjab govt decision of sacking cop without probe

Hindustan Times  

1981 case The Punjab and Haryana high court has upheld the decision of the Punjab government to dismiss a cop from service without a departmental inquiry in 1981. The Punjab and Haryana high court has upheld the decision of the Punjab government to dismiss a cop from service without a departmental inquiry in 1981. “At the relevant time, terrorism was at its peak in the Punjab State, therefore, impugned order rendered by the authority concerned for dispensation of regular inquiry was just and proper as no witness would have come forward to depose against the respondent,” the bench of justice Namit Gupta observed while quashing the 1992 judgment of a Jalandhar court. It further observed that holding a departmental inquiry under the provisions of Rule 16.38 of the Punjab Police Rules, 1934 might be mandatorily adhered to.

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History of this topic

Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'
3 weeks, 4 days ago

Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'

Live Law  

The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.Taking note of the conduct of the petitioner, which the high court said …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
1 month, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
1 month, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
3 months, 1 week ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision
7 months ago

[Article 311] Holding Enquiry Before Dismissal Of Police Officer Can Be Dispensed When 'Not Reasonably Practicable': P&H HC Flags Violation Of Mandatory Provision

Live Law  

The Punjab & Haryana High Court has made it clear that it is mandatory for holding inquiry before dismissing a police officer in accordance with Article 311 of the constitution.As per Article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 1 month ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

Haryana issues guidelines to stop dismissing employees without inquiry
2 years ago

Haryana issues guidelines to stop dismissing employees without inquiry

Hindustan Times  

Following the Punjab and Haryana high court’s observations that the competent authorities are ignoring the settled law regarding dismissal of an employee under Article 311 of the Constitution, the Haryana government has rolled out instructions applying brakes on the practice of dismissing a government employee without an inquiry. Referring to a series of Supreme Court judgments, the Haryana government on …

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