Lakhwinder Singh v. State Of Punjab & ORS
-1-
CWP-28382-2018 (O&M) and other connected cases !" #
$$% &'('
STATE OF PUNJAB & ORS
')%%'
* + *
# !#
!#
,- ./ ! " "#$%&'&%$%()& "#$)**%*$ %()* "#$+,-&$%(%) "#$%%)'$%(%% . !
/
!
!
1
!
2
!! 4 ,& )- (* %()-
!
'&* '+% ,(5 '+ 2"
- "
)*&& 2
! ! 4 "!! 0
!
0 )(((((6$ ! !!
! !
4.
-2-
0 +((((6$ !
0 )5(((6$ 0 ),(((6$ 0 +5((6$
!
7
$
! " # $%&' ( )*+,+ -$.' ( )
+ / 0112' ( )
100 -
*/ * 0203
!
!
8 )) (% %(%% ! !
!!
$ 4
+
4
*/
5
!
5
6
!
0.%--%--
3 !
! !
!
!
')) " 2 7
$ 311. Dismissal, removal or reduction in rank of persons
-3employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply 7 8
"
9 78
"
) )
5 9 78*
, ) )
)
6 5
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.3 8
'))/%1/ " 2 !
! ! )5 )
9 !
! 8 !
"! /
$ %
'))
-4-
! 9 :
!
! ! :
2
!!
! 3!
:
! :
0
3 ;
:
! !!
!
"
#$# $ # ! !
!
!
"
%&''
(# #$ ) $#$* ! )5 )
!
!!
!
$0 ! % ! )5 % ! !
!
! )5 ) ! . !
! ! :
! !
!
:
!
!
!
!
<
! :
:
'))/%1/
!!!
:
! !
-5- = !
!!
! :
(, )% %()- <
!
:
!!
! :
!
:
!
:
! !
!!
!!
! !
0(1 2, - !#
/ # 9 6
>64 # !
>64