TMI Blog2008 (7) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... adur Singh, resident of Boodri, District Ludhiana and gave that amount to Ravinder Singh Gulati, for sending Gurjit Singh to America in connivance with her husband Sukhdev Singh alias Sukha, Ravinder Singh Gulati, Preeti Gulati and Manjit Singh. Order dated 15.12.2005 (P-5), passed by the Deputy Inspector General of Police, Ludhiana Range, Ludhiana- respondent No. 4 as well as order dated 8.5.2006, passed by the Inspector General of Police, Jalandhar Zone, Jalandhar-respondent No. 3 (P-7) are also subject matter of challenge in the instant petition, wherein the order dated 18.5.2005 (P) has been upheld maintaining the dismissal of the petitioner. A further prayer has been made for quashing orders dated 28.8.2007 (P-9) and 9.5.2008 (P-12) wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, issued a show cause noticed to the petitioner which was duly handed over to the father-in-law of the petitioner, on 29.3.2005. The petitioner furnished written reply to the show cause notice. She was also afforded an opportunity of personal hearing, which she did not avail. After considering the written reply to the show cause notice, the punishing authority-respondent No. 5 dismissed the petitioner from service, vide order dated 18.5.2005. The punishing authority after perusing the past service record of the petitioner also specifically noticed in the order of dismissal that she had remained absent for 1 days from 16.7.2001 to 17.7.2001 and was censured for that lapse. 5. The aforementioned order was challenged in appeal (P-4) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... findings recorded by the Enquiry Officer, the punishing authority has passed the order of dismissal after issuance of show cause notice to the petitioner to which she has filed a written reply. Even an opportunity of personal hearing was also afforded to her, which she;; failed to avail. 8. It is undisputed that the punishing authority respondent No. 5 passed the order of punishment on 18.5.2005 (P-3), which was challenged in appeal. The appeal was dismissed on 15.12.2005 by the Deputy Inspector General of Police Ludhiana Range, Ludhiana- respondent No. 4 (P-5). Even the revision petition filed by the petitioner was dismissed on 8.5.2006 (P.7). The instant petition has been filed on 17.7.2008 by c aiming that subsequent mercy petition a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inciple is often misunderstood to mean that any administrative decision which is regarded by the Court to be unreasonable must be struck down. The correct understanding of the Wednesbury principle is that a decision will be said to be unreasonable in the Wednesbury sense if (i) it is based on wholly irrelevant material or wholly irrelevant consideration, (ii) it has ignored a very relevant material which it should have taken into consideration, or (iii) it is so absurd that no sensible person could ever have reached it. 10. The findings in the instant case are based on relevant material, inasmuch as, statements of various witnesses have been taken into account. After recording the formal statements of departmental witness Gurcharan Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent against Lady ASI Balwinder Kaur, he would have contracted Ujagar Singh and to make statement in a particular manner, but the witness has said that Gurjit Singh had not said anything to him. It is apparent from this that Gurjit Singh having told the truth confident that Ujagar Singh would also make the same statement. The charged officer Lady ASI Balwinder Kaur had in some manner contracted Ujagar Singh and make him to agree to make a statement in her favour because if the statement of Ujagar Singh is correct, she could have produce the other witnesses whose names to whom have been mentioned by Gurjit Singh was like Amandeep Singh, Bahadur Singh. But she could not produce them from which it is apparent that she could get only one witness ..... X X X X Extracts X X X X X X X X Extracts X X X X
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