JASWANT SINGH versus STATE OF PUNJAB AND ORS.

JASWANT SINGH versus STATE OF PUNJAB AND ORS.

The authority's satisfaction to dispense with the enquiry under Article 311(2) proviso (b) was not supported by any independent material; thus, the impugned dismissal order cannot be sustained as the subjective satisfaction was not justified by objective evidence.

Parties
Appellant: Jaswant Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
27 November 1990
Procedural Posture
Civil Appeal / Supreme Court Appeal From the Dismissal in Limine of a High Court Writ Petition
Outcome
Appeal allowed; dismissal order quashed; appellant reinstated with monetary benefits.
Legal Topics
Article 311(2) of the Constitution of India, Judicial Review of Administrative Satisfaction, Departmental Enquiry Dispensation, Police Service Dismissals, Punjab Police Rules
Constitutional Law Service Law Administrative Law Article 311(2) of the Constitution of India Judicial Review of Administrative Satisfaction Departmental Enquiry Dispensation Police Service Dismissals Punjab Police Rules

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Parties

Jaswant Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From the Dismissal in Limine of a High Court Writ Petition

Legal Issues

  1. 1 Whether the dismissal of the appellant by dispensing with the departmental enquiry under Article 311(2) second proviso clause (b) of the Constitution is justified and sustainable
  2. 2 Whether the subjective satisfaction of the authority under Article 311(2) proviso (b) is open to judicial review

Ratio Decidendi

The authority's satisfaction to dispense with the enquiry under Article 311(2) proviso (b) was not supported by any independent material; thus, the impugned dismissal order cannot be sustained as the subjective satisfaction was not justified by objective evidence.

Court Disposition

Appeal allowed; dismissal order quashed; appellant reinstated with monetary benefits.

Orders

  • Set aside the order of the High Court and quash the impugned dismissal order dated April 7, 1981.
  • Appellant reinstated in service forthwith with all monetary benefits as to pay, allowances, etc., from the date of his dismissal.