The Punjab and Haryana High Court has quashed the dismissal of Punjab Police DSP Gursher Singh Sandhu, who was dismissed after being accused of facilitating the recording of a television interview of gangster Lawrence Bishnoi while he was in police custody at CIA Staff, Kharar. The interview, which was telecast in March 2023, was subsequently investigated by the authorities, with the State alleging that DSP had facilitated the recording and had been in contact with the journalist involved.
DSP was dismissed on January 2, 2025 by invoking Article 311(2)(b) of the Constitution, thereby dispensing with a regular departmental enquiry on the ground that it was not reasonably practicable to hold one. The High Court, however, found that the State had failed to establish the necessary circumstances to invoke this exceptional constitutional power. It held that the seriousness of the allegations or an apprehension that the officer may not cooperate was insufficient; there had to be objective circumstances genuinely rendering an enquiry impracticable.
A significant factor was that departmental proceedings had in fact continued even after DSP’s dismissal. He was supplied the charge-sheet, appeared before the Enquiry Officer, Justice Rajiv Narain Raina (Retd.), and participated in proceedings on subsequent dates. The Court held that this subsequent conduct itself belied the State’s contention that holding an enquiry against him was not reasonably practicable.
Justice Namit Kumar accordingly quashed the January 2, 2025 dismissal order and directed DSP’s reinstatement with all consequential benefits, while making the reinstatement subject to the State’s right to continue the departmental enquiry in accordance with law.
