The Punjab and Haryana High Court has quashed the dismissal of Punjab Police DSP Gursher Singh Sandhu, who was removed from service over allegations that he facilitated the recording of a television interview of gangster Lawrence Bishnoi while the latter was in police custody.
Justice Namit Kumar held that the Punjab government had failed to establish the exceptional circumstances required to dispense with a regular departmental enquiry under Article 311(2)(b) of the Constitution. The Court consequently set aside Sandhu’s dismissal and directed his reinstatement with all consequential benefits.
The reinstatement, however, will remain subject to the State’s right to continue the departmental enquiry against him in accordance with law.
The controversy dates back to a television interview of jailed gangster Lawrence Bishnoi, which was telecast in March 2023. The interview sparked widespread controversy as Bishnoi was purportedly interviewed while in police custody.
Subsequent investigations were conducted into the circumstances under which the interview was recorded. The Punjab government alleged that Sandhu had facilitated the recording of the interview while Bishnoi was lodged at the CIA Staff, Kharar, and had also been in contact with the journalist involved in conducting the interview.
Based on the allegations, the State initiated action against the DSP. On January 2, 2025, Sandhu was dismissed from service by invoking Article 311(2)(b) of the Constitution.
Article 311(2)(b) permits the government, in exceptional circumstances, to dispense with a regular departmental enquiry where it is not reasonably practicable to hold such an enquiry.
Sandhu challenged his dismissal before the High Court.
The High Court found that the State had not demonstrated any objective circumstances to justify invoking Article 311(2)(b).
Justice Kumar observed that the seriousness of allegations against a government officer, or a mere apprehension that the officer may not cooperate with the enquiry, cannot by itself justify dispensing with the safeguards of a regular departmental proceeding.
The Court held that there must be genuine and objective circumstances showing that it was not reasonably practicable to conduct an enquiry.
A significant factor considered by the Court was that departmental proceedings against Sandhu continued even after his dismissal.
The DSP was supplied with a charge-sheet and appeared before the Enquiry Officer, Justice Rajiv Narain Raina (Retd.). He also participated in the proceedings on subsequent dates.
The Court found that this subsequent conduct undermined the State’s contention that it was not reasonably practicable to hold a departmental enquiry against Sandhu in the first place.
Holding that the constitutional power under Article 311(2)(b) could not be invoked merely on the basis of the gravity of the allegations, Justice Kumar quashed the dismissal order dated January 2, 2025.
The Court directed Sandhu’s reinstatement with all consequential benefits but clarified that the Punjab government would be free to continue the departmental enquiry against him in accordance with law.
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