Chandigarh, The Punjab and Haryana High Court has quashed the dismissal of Gursher Singh Sandhu as Punjab Police Deputy Superintendent of Police over the controversial interview of jailed gangster Lawrence Bishnoi.
Allowing Sandhu’s writ petition, the court set aside the Punjab government’s January 2, 2025, order dismissing him from service under Article 311 of the Constitution. The impugned order, whereby the petitioner has been dismissed from service by dispensing with the regular departmental inquiry, is accordingly liable to be set aside, the court held. It, however, stated that the quashing of the dismissal order and reinstatement would be without prejudice to the state’s right to continue with the departmental inquiry that was already pending against Sandhu and other police officials before an inquiry officer. Sandhu was dismissed from service for allegedly facilitating the recording of an interview of Bishnoi while he was in police custody. He submitted that he had no role in bringing Bishnoi to Punjab or in overseeing his stay while in custody at the CIA staff premises, Mohali, and he was never an investigating officer in any case against Bishnoi. The court observed that the stand taken up by the respondents for dispensing with the inquiry essentially rests upon the alleged non-cooperation of the petitioner and his alleged failure to receive the chargesheet.
“Therefore, 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 observed.
