Full Judgement
Delhi High Court
Commissioner Of Police Delhi Police & ... vs Ex Const Jagvir Singh on 1 October, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar, Sudhir Kumar Jain
$~58 to 61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 521/2023, CM APPLs. 2097/2023 & 2099/2023
COMMISSIONER OF POLICE & ORS. .....Petitioners
Through: Mr. Sahaj Garg, Sr. PC with SI
Mukundan
versus
TEJVEER SINGH .....Respondent
Through: Mr. Vivek Kumar Tandon, Ms.
Prerna Tandon, Mr. Mayank Tiwari and Mr.
Harshit Gahlot, Advs.
+ W.P.(C) 10755/2023, CM APPL. 41677/2023
GOVT OF NCT OF DELHI AND ORS. .....Petitioners
Through: Mr. Amit Gupta, Mr. Vidur
Dwivedi, Mr. Karan Rawal, Advs. with ASI
Upender (North East Disstt.)
versus
MANOJ SHARMA .....Respondent
Through: Mr. Gaurav Sharma and Ms.
Sakshi Jha, Advs.
+ W.P.(C) 4218/2023, CM APPLs. 16357/2023, 21322/2024 &
21323/2024
COMMISSIONER OF POLICE DELHI
POLICE & ORS. .....Petitioners
Through: Mr. Vinay Yadav, Sr. PC with
Mr. Abhinav M. Goel, Adv.
versus
W.P.(C) 521/2023 and connected matter Page 1 of 3
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:09.10.2024
17:15:42
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.
+ W.P.(C) 4764/2023, CM APPL. 18367/2023
COMMISSIONER OF POLICE DELHI
POLICE & ORS. .....Petitioners
Through: Mr. R.Venkat, Sr. PC with Mr.
Abhinav M. Goel, Adv.
versus
EX CONST CHANDER HAS .....Respondent
Through: Mr. Sourabh Ahuja, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
O R D E R (ORAL)
% 01.10.2024
C.HARI SHANKAR, J.
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.
2. Learned Counsel for the respondents submit that this issue is squarely covered against the petitioners by several decisions of this
W.P.(C) 521/2023 and connected matter Page 2 of 3
Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:09.10.2024 17:15:42 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.
3. Learned Counsel for the petitioners is also candid in acknowledging that these judgments cover the case in the respondents' favour.
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.
C.HARI SHANKAR, J.
DR. SUDHIR KUMAR JAIN, J.
OCTOBER 1, 2024/aky
Click here to check corrigendum, if any
1 2024 SCC OnLine Del 4906 2 2024 SCC OnLine Del 2867 3 2024 SCC OnLine Del 2024
W.P.(C) 521/2023 and connected matter Page 3 of 3
Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:09.10.2024 17:15:42
