LAWS(CHH)-2024-5-4

MOHAMMED ASIF KHAN Vs. STATE OF CHHATTISGARH

Decided On May 10, 2024
Mohammed Asif Khan Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner has filed the present writ petition to quash the charge-sheets dtd. 8/12/2007, 24/11/2009, 10/6/2010 (Annexure P/9 to P/11), appellate order dtd. 5/11/2018, 5/11/2018 (Annexure P/1) by which the appeal filed by the petitioner against the punishment order of withholding of one increment without cumulative effect passed on 8/12/2007 has been rejected on the count that he has preferred an appeal after lapse of 11 years. The petitioner has also preferred writ petition against the appellate order dtd. 5/11/2018 (Annexure P/2) by which his appeal has been rejected on the count that he has preferred an appeal after lapse of 8 years of punishment order of withholding of one increment with cumulative effect has been passed on 24/11/2009. The petitioner has also preferred an appeal against the order dtd. 23/8/2010 by which punishment of one increment without cumulative effect has been rejected after lapse of 8 years of punishment order. The petitioner has also preferred writ petition against the order dtd. 22/1/2022 passed by Director General of Police by which his representation against the punishment order dtd. 8/12/2007, 24/11/2009 and 10/6/2010 has again been rejected vide impugned order.

(2.) The brief facts as reflected from record are that the petitioner was initially appointed on 9/11/2005 on the post of Constable. On 13/05/2007, a charge-sheet was issued to the petitioner alleging that he has violated sub-sec. (2) of clause-1 of Rule-3 of Chhattisgarh Civil Services Conduct Rules, 1965 and Clause-64 (3) of Police Regulation being absent unauthorizedly and subsequently respondent No. 5 vide order dtd. 8/12/2007 directed for withholding one increment with cumulative effect. Again, on 26/11/2009 another charge-sheet was issued to the petitioner directing him to reply within 10 days and thereafter departmental enquiry has been initiated wherein he was served with imposition of punishment of withholding one increment with cumulative effect. The petitioner was again served with chargesheet on 12/5/2009 and department enquiry was initiated against him wherein punishment of withholding of one increment with cumulative effect was passed on 10/6/2010.

(3.) The petitioner being aggrieved with the imposition of punishment orders has preferred three different appeals before Director General of Police/respondent No. 4 on 22/2/2018, which were rejectee on 5/11/2018 (Annexure P/1 to P/3) thereafter, he has preferred another representation on 11/8/2020, which has also been rejected on 22/1/2022 (Annexure P/4).