Dismissed from service after he allegedly tested positive in a dope test, an Assistant Sub-Inspector (ASI) of Punjab Police has moved the Punjab and Haryana High Court challenging his dismissal order and the order of compulsory retirement after his punishment was modified by the Punjab Police.
A High Court Bench of Justice Vivek Puri has issued a notice of motion to the state of Punjab for reply. The matter has been adjourned for hearing on November 5, 2020.
The petitioner, Darshan Singh, through his counsel Naresh Kumar Manchanda, has contended that the petitioner joined the Punjab Police as a constable in 1994. He was promoted as ASI in 2016, and has been awarded by Punjab Police several times for his services.
The petitioner’s counsel has argued that he along with constable Tehal Singh stand dismissed from service as per order, dated November 17, 2019, passed by the Tarn Taran SSP on the basis of one viral video circulating on social media allegedly featuring two policemen shown to be allegedly consuming narcotic drugs. The two police personnel in the video were allegedly identified as petitioner Darshan Singh and constable Tehal Singh. However, without giving any show-cause notice or conducting any inquiry and without giving any opportunity of hearing to the petitioner, the Tarn Taran SSP dismissed him from service.
The petitioner filed an appeal against the order of dismissal before the IG Amritsar, Punjab Police, following which the dope test of petitioner was conducted at Civil Hospital, Patti, Tarn Taran district at the first instance which was found “negative”. However, just to punish the petitioner, the officials took the petitioner to Civil Hospital, Amritsar, for conducting second dope test and procured a false “positive” report of the petitioner.
Without considering the factual and legal position of the case and without considering the grounds mentioned in the the appeal by the petitioner, the IG wrongly and erroneously modified the punishment of dismissal into compulsory retirement on July 29, 2020. The petitioner has thus moved the HC seeking to quash both the orders of the Punjab Police, a stay on the order and reinstatement on his post.
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