The Punjab and Haryana High Court has quashed the dismissal of DSP Gursher Singh Sandhu, ruling that the state cannot bypass a regular departmental inquiry under Article 311.
- The Punjab and Haryana High Court has set aside the dismissal of DSP Gursher Singh Sandhu.
- The court ruled that the state failed to justify dispensing with a regular departmental inquiry.
- Sandhu is to be reinstated with all consequential benefits.
- The pending departmental inquiry against him can still continue.
Chandigarh: In a significant judicial development, the Punjab and Haryana High Court has quashed the dismissal of Punjab Police Deputy Superintendent of Police (DSP) Gursher Singh Sandhu. Sandhu had been removed from service following the controversial jail interview of notorious gangster Lawrence Bishnoi in 2023.
The ruling, delivered by Justice Namit Kumar, set aside the Punjab government's January 2025 order. The government had originally invoked Article 311(2)(b) of the Constitution to dismiss Sandhu, a move that allowed the state to bypass a formal departmental inquiry. The dismissal was rooted in allegations that Sandhu facilitated the recording of Bishnoi's interviews while the gangster was in police custody.
The Constitutional Breach
The core of the legal battle rested on whether the government had valid grounds to skip a regular inquiry. Sandhu’s counsel argued that the state denied him the fundamental right to be heard and misused constitutional powers to expedite his removal without a proper probe.
The court observed that mere non-cooperation by an employee cannot be used as a pretext to declare a departmental inquiry as 'impracticable'.
BozokMedia analysis shows that this judgment reinforces the principle of natural justice. The court noted that the state failed to demonstrate a 'real and proximate nexus' between the circumstances and the inability to hold a proper inquiry. Even if an employee is uncooperative, the legal machinery must still follow the prescribed constitutional route.
Background of the Controversy
The controversy dates back to March 2023, when a private news channel aired two interviews of Lawrence Bishnoi from within prison. At the time, Sandhu was posted as DSP in SAS Nagar. While the government alleged complicity, Sandhu maintained that he had no role in overseeing Bishnoi's custody or the investigation into his cases.
| Feature | Government Action | High Court Ruling |
|---|---|---|
| Inquiry Type | Summary Dismissal (No Inquiry) | Mandatory Regular Inquiry |
| Legal Basis | Article 311(2)(b) | Violation of Constitutional Standards |
| Outcome | Dismissal from Service | Reinstatement with Benefits |
Frequently Asked Questions
1. Why was DSP Gursher Singh Sandhu dismissed initially?
He was accused of facilitating the recording of gangster Lawrence Bishnoi's interviews from jail.
2. Does this mean Sandhu is cleared of all charges?
No. While his dismissal is quashed, the court has allowed the state to continue the pending departmental inquiry.
