Dismissed

Commissioner of Police Delhi Police & Ors. v. Ex Const Chander Has

Delhi HC1 Oct 2024W.P.(C)/4764/2023

Case brief

AI extract

What is this about?

Delhi Police writ petitions challenging Tribunal orders reinstating constables dismissed without inquiry under Article 311(2)(b) proviso. Court noted its earlier decisions held such invocation unsustainable and dismissed the petitions, upholding the Tribunal's orders.

What did the court decide?

Impugned Tribunal orders upheld; writ petitions dismissed with no orders as to costs.

Commissioner of Police Delhi Police & Ors. Vs Ex Const… — Service and Employment | Delhi HC (2024)

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$~58 to 61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 521/2023, CM APPLs. 2097/2023 & 2099/2023

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COMMISSIONER OF POLICE & ORS. .....Petitioners

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Through: Mr. Sahaj Garg, Sr. PC with SI Mukundan

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versus

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TEJVEER SINGH .....Respondent Through: Mr. Vivek Kumar Tandon, Ms. Prerna Tandon, Mr. Mayank Tiwari and Mr. Harshit Gahlot, Advs.

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W.P.(C) 10755/2023, CM APPL. 41677/2023

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GOVT OF NCT OF DELHI AND ORS. .....Petitioners

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Through: Mr. Amit Gupta, Mr. Vidur Dwivedi, Mr. Karan Rawal, Advs. with ASI Upender (North East Disstt.)

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versus

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MANOJ SHARMA .....Respondent

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Through: Mr. Gaurav Sharma and Ms. Sakshi Jha, Advs.

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W.P.(C) 4218/2023, CM APPLs. 16357/2023, 21322/2024 & 21323/2024

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COMMISSIONER OF POLICE DELHI POLICE & ORS. .....Petitioners

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Through: Mr. Vinay Yadav, Sr. PC with Mr. Abhinav M. Goel, Adv.

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versus

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W.P.(C) 521/2023 and connected matter

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Page 1 of 3

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Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Da te:0 9.10.2024 17:15:42

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EX CONST JAGVIR SINGH .....Respondent Through: Mr. Hirein Sharma, Mr. M.C. Sharma, Mr. Saurabh Goel, Mr. Karsan Chaudhary, Mr. Tushar Ahuja and Mr. R.N. Jindal, Advs.

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W.P.(C) 4764/2023, CM APPL. 18367/2023 COMMISSIONER OF POLICE DELHI POLICE & ORS. .....Petitioners

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Through: Mr. R.Venkat, Sr. PC with Mr. Abhinav M. Goel, Adv.

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versus

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EX CONST CHANDER HAS .....Respondent Through: Mr. Sourabh Ahuja, Adv. for R-1

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CORAM:

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HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

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O R D E R (ORAL) 01.10.2024

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C.HARI SHANKAR, J.

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1. 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.

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2. Learned Counsel for the respondents submit that this issue is squarely covered against the petitioners by several decisions of this

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W.P.(C) 521/2023 and connected matter

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Page 2 of 3

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Signature Not Verified

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Digitally Signed By:AJIT KUMAR Signing Da te:0 9.10.2024 17:15:42

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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.

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3. Learned Counsel for the petitioners is also candid in acknowledging that these judgments cover the case in the respondents’ favour.

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4. 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.

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C.HARI SHANKAR, J.

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DR. SUDHIR KUMAR JAIN, J.

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OCTOBER 1, 2024 /aky

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