KHUMAN SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the order Annexure P/1 dated 04.09.2013, passed by the Director General of Police modifying the punishment imposed upon the petitioner, the present writ petition has been filed.

(2.) The brief facts relevant for the disposal of the present writ petition is that the petitioner herein was working as a Constable under the respondents. The petitioner a Constable along with an Assistant Sub Inspector namely Dularu Ram Bhandekar was subjected to a disciplinary proceeding vide charge-sheet dated 05.09.2011. The two officers were subjected to a joint departmental enquiry. After the conclusion of the departmental enquiry, the petitioner who was working on the post of Constable was imposed with a punishment of withholding of one increment without cumulative effect for a period of one year, whereas the Assistant Sub Inspector Dularu Ram Bhandekar was imposed with a punishment of reversion to the post of Head Constable for a period of one year.

(3.) The petitioner did not prefer any appeal against the order of punishment dated 26.12.2012. Mr. Dularu Ram Bhandekar, the A.S.I., who was prosecuted along with the petitioner in the disciplinary proceedings, however preferred an appeal to the Director General of Police. The appeal of the said Dularu Ram Bhandekar however stood rejected and his order of punishment was affirmed. However, the Director General of Police found the punishment of the petitioner to be disproportionate to the nature of misconduct and therefore exercising the revisional powers issued a notice on 10.07.2013 seeking explanation of the petitioner as to why the punishment should not be modified or enhanced.