STATE OF HARYANA Vs. SURAJ PAL

JUDGEMENT

(1.) Petitioner, the State of Haryana, assails the order dated 25- 08-2003 passed by the Principal Bench, Central Administrative Tribunal, (Tribunal for short), New Delhi whereby the Original Application (OA for short) No.37/2002 preferred by the Respondent No.1 was partially allowed. The Tribunal vide the said impugned order directed the Petitioner State to issue an Integrity Certificate qua the respondent No.1, who is the contesting Respondent herein, to treat his selection in the Select List (Indian Police Service) dated 06-03-92 as unconditional and to appoint him to Indian Police Service (IPS) with effect from the date his junior was appointed and grant him all consequential benefits.

(2.) Respondent No.1 Shri Suraj Paul who is wrongly described as Suraj Pal by the petitioner, is an officer of the Haryana Police Service. He was promoted as DSP on 16-09-81 and further promoted to the post of Superintendent of Police on 16-11-89. On 31-12-91, respondent No.1 was served with a charge sheet by the State of Haryana. A duly constituted Selection Committee met on 06-03-92 to consider the case of Respondent, besides others eligible officers, for promotion to IPS in terms of the IPS (Appointment by Promotion) Regulations, 1955. Respondent No.1 was selected only on provisional basis for the year 1991-92 as the said inquiry was pending against him. He was placed at Sl. No.1 in the select list but integrity certificate was not issued in respect of him.

(3.) To expedite the inquiry, the Respondent filed a Civil Writ Petition No.7498/92 before the High Court of Punjab and Haryana which was disposed of with a direction to the petitioner herein to complete the inquiry by 31-12-92. However, the same did not happen. In the mean time, Shri Sohan Lal, a junior officer in the select list, was promoted/appointed to IPS on 02-05-93. Respondent No.1 filed an OA-130/HR/1993 before the Chandigarh Bench of the Tribunal which was dismissed as premature. He filed CWP-5431/1995 before the High Court of Punjab and Haryana which culminated in an order directing the petitioner to complete the inquiry within six months of 18-10-95. Meanwhile, on 03-10-94, a second charge sheet was issued to the respondent. Thereafter, on 05-09-97 a third charge sheet was issued to the Respondent No.1. The second charge sheet culminated, vide order dated 08-07-2003, into a punishment of compulsory retirement. The third charge sheet culminated into a punishment of reduction in rank reverting him to the post of DSP from the post of SP on 10-05- 2002. In the mean time, the petitioner successively issued integrity certificates in respect of the respondent for the years 1997, 1998, 1999 and 2000.