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Judgment
C.Hari Shankar, J.
In all these petitions, the concerned respondents were dismissed from service without holding an inquiry by invoking the provisions of clause (b) of the proviso to Article 311(2) of the Constitution of India.
Learned Counsel for the respondents submit that this issue is squarely covered against the petitioners by several decisions of this Court including Commissioner of Police v Karam Pal1, Commissioner of Police v Kapil2 (which stands upheld by the Supreme Court) and Commissioner of Police v Jagmal Singh3 (which also stands upheld by the Supreme Court by dismissal of the SLP filed there against) which hold, in similar circumstances, invocation of clause (b) of the proviso to Article 311(2) of the Constitution to be unsustainable in law.
Learned Counsel for the petitioners is also candid in acknowledging that these judgments cover the case in the respondents’ favour.
Accordingly, the impugned orders passed by the learned Tribunal in these petitions are upheld. The writ petitions are accordingly dismissed with no orders as to costs.