Punjab & Haryana High Court quashes dismissal of DSP accused of facilitating Lawrence Bishnoi TV interview

The Punjab and Haryana High Court has ordered reinstatement of a Deputy Superintendent of Police (DSP) who was dismissed last year by Punjab government for allegedly facilitating a television interview of gangster Lawrence Bishnoi while he was in custody [Gursher Singh Sandhu v State of Punjab and Other].By way of a judgment passed on September 1, Justice Namit Kumar quashed the order by which DSP Gursher Singh Sandhu was dismissed from service under Article 311(2)(b) that allows the State to dismiss an employee without holding a regular departmental inquiry.The Court ruled that the satisfaction recorded by the competent authority for dispensing with the departmental inquiry did not meet the constitutional standard prescribed under Article 311(2)(b) of the Constitution. Thus, it quashed Sandhu's dismissal. However, the Court also clarified that the State can resume an earlier departmental inquiry initiated against him. The enquiry pending before retired Justice Rajiv Narain Raina had been closed after the State decided to dismiss Sandhu without holding any inquiry..Sandhu was dismissed in connection with television interviews of gangster Lawrence Bishnoi which were broadcast by ABP Sanjha in March 2023. Bishnoi is an accused in the Sidhu Moosewala murder case.The gangster had been in custody of CIA Staff, Mohali when the interviews were recorded. Sandhu, who was posted in Mohali at that time, had allegedly facilitated Bishnoi's interview with journalist Jagwinder Patial.Sandhu had denied any role in the interviews, stating that he was neither investigating the accused nor overseeing his stay in the custody of CIA Staff, Mohali. The inner security was being handled by the Anti-Gangster Task Force (AGTF) which had put Bishnoi in the premises of CIA Staff, he said..Challenging his dismissal, Sandhu argued that he could not have been dismissed from service without a regular inquiry.The Punjab government defended the decision, stating that it was not reasonably practicable to hold an Inquiry into the charge-sheet issued to Sandhu due to his non-cooperation and his unauthorized absence from duty..In the judgment passed on September 1, the Court noted that despite the issuance of two show-cause notices and a chargesheet to Sandhu, the government proceeded to dismiss him without any inquiry.It added that if Sandhu had failed to receive the complete chargesheet or even failed to participate in the inquiry, the proceedings could have been conducted ex-parte. Mere non-cooperation or absence of the delinquent employee cannot be elevated to a circumstance rendering the holding of an inquiry constitutionally impracticable, the Court ruled. After examining the records, the Court found that Sandhu had not evaded the proceedings or rendered himself completely unavailable to the department. On the contrary, it found that he had participated and even sought documents for furnishing an effective response to the show-cause notices. Concluding that there was no impediment in conducting the departmental proceedings against him, the Court allowed Sandhu's petition and ordered that he be reinstated with all consequential benefits. .Senior Advocate DS Patwalia with advocates Bikramjit Singh Patwalia, Gaurav Jagota and Edward George Masih represented the petitioner. Additional Advocate General PIP Singh with advocates Anisha, Amitoj Bir Singh, Sakshi Sehgal and Gurvishwraj represented the State of Punjab.[Read Judgment]