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Pb cop sacked over ‘extremist links’: HC refuses to overturn dismissal.
Chandigarh: Refusing to interfere in the case of a Punjab Police constable who was sacked around 30 years back after intelligence inputs from West Bengal and the Centre linked him to a radical organization, the Punjab and Haryana high court observed that it can intervene only if there is an error of law, not the error of fact.
Justice Jagmohan Bansal passed these orders on Nov 11, 2024, while dismidsing a petition filed by former constable Mann Singh, who had moved the HC in 1999 seeking directions to quash the Oct 9, 1995, order dismissing him from service.
Dismissed in 1995
➤ Petition filed by former constable Mann Singh, who had moved the HC in 1999 seeking directions to quash the Oct 9, 1995, order dismissing him from service
➤ Punjab govt submitted that during 1985-95, the state was facing the problem of terrorism, and there was specific intelligence against the petitioner.
The petitioner claimed he was dismissed without complying with the mandate of Rule 16.24 of Punjab Police Rules, 1934 as well as Article 311 (2) of the Constitution. The disciplinary authority dispensed with an inquiry and dismissed him from service on the ground that he has links with Babbar Khalsa, an extremist group.
“He was dismissed mechanically, and it caused irreparable loss to him…,” his counsel had argued seeking his reinstatement in service . Punjab govt submitted that during 1985-95, the state was facing the problem of terrorism, and there was specific intelligence against him.
Reports show petitioner was misusing his official position: HC
Punjab govt also submitted that the inquiry was dispensed with as there was no possibility of any witness coming forward to makea statement against the petitioner on account of fear and coercion.
After hearing all the parties, the bench held, “In the impugned order, the responderit has not disclosed intelligence input. however, perusal of reports received from the state of West Bengal, makes it is apparent that the petitioner was misusing his official position.”
While dismissing his plea, the HC also pointed out that Kolkata Police detained him with his official gun, and he had gone there without informing his seniors and was posing as politician’s gunman.
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