COMMISSIONER OF POLICE Vs. CONSTABLE PARMOD KUMAR

JUDGEMENT

(1.) These writ petitions involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.

(2.) The petitioners were at the relevant time working as Constables. Disciplinary proceedings were initiated against them. The Inquiry Officer exonerated them from the charges in terms of his report dated 15th June 1997. The disciplinary authority disagreed with the findings of the Inquiry Officer. Upon recording his conclusion, the disciplinary authority issued a show cause notice. Upon receipt of the show cause from the petitioner, he imposed a major punishment for permanent forfeiture of five years of approved service with cumulative effect and left the period of suspension to be decided by an order dated 6th October 1997 which was, by a subsequent order dated 1st December 1997 held as not spent on duty. Questioning the said order, the appeals were preferred which were rejected. The said orders were the subject matter of the afore-mentioned Original Application. The respondents, inter alia, in their Original Application submitted that as they were on casual leave, the question of harassing the complainant by demanding any illegal gratification by them would not arise.

(3.) In its notice to show cause, however, the appellate authority arrived at a final conclusion and the same was not a tentative one.