PRITHIPAL SINGH versus STATE OF PUNJAB AND ORS.

PRITHIPAL SINGH versus STATE OF PUNJAB AND ORS.

Once appellant was exonerated in departmental proceedings, recourse to dispensing enquiry under Article 311(2) second proviso did not arise; dismissal without enquiry was vitiated and invalid.

Parties
Appellant: Prithipal Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Appeal From Dismissal of Regular Second Appeal by Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Government Servants Protection Under Article 311, Departmental Proceedings, Dispensation of Enquiry, Disciplinary Proceedings, Dismissal From Service
Service Law Constitutional Law Government Servants Protection Under Article 311 Departmental Proceedings Dispensation of Enquiry Disciplinary Proceedings Dismissal From Service

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Parties

Prithipal Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Regular Second Appeal by Punjab & Haryana High Court

Legal Issues

  1. 1 Whether dismissal of a government servant without completion of departmental enquiry after exoneration is valid under Article 311 and Punjab Police Rules

Ratio Decidendi

Once appellant was exonerated in departmental proceedings, recourse to dispensing enquiry under Article 311(2) second proviso did not arise; dismissal without enquiry was vitiated and invalid.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court and First Appellate Court set aside; Judgment of trial court restored
  • Appellant entitled to costs quantified at Rs. 10,000/-