High Court Upholds Dismissal of Constable Linked to Terrorists Without Inquiry

In a landmark decision, the Punjab and Haryana High Court upheld the termination of Constable Dalbir Singh, who was dismissed in 1988 for alleged connections with terrorists, without a formal investigation. The High Court declared the dismissal as appropriate and justified, citing the severe terrorist threats in Punjab during that period which often discouraged witnesses from coming forward.

Dalbir Singh, stationed at Jalandhar Cantt since 1981, was summarily dismissed due to his suspected affiliations with terrorist groups. This decision was made without issuing any charge sheet or conducting an inquiry. Singh challenged his dismissal through a civil suit, arguing that no formal charges had been laid before him nor an investigation conducted. The trial court initially rejected the dismissal, stating that the order passed by the competent authority to bypass departmental investigation was not justified.

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The Punjab government appealed the trial court’s decision, which was subsequently dismissed. They then petitioned the High Court in 1992, arguing that the lower courts failed to recognize the defendant’s links with extremists and their illegal activities, rendering a departmental investigation impractical.

After hearing all parties, the High Court noted that the department had sufficient evidence to demonstrate Singh’s involvement in unlawful activities and his association with extremists.

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