S.N. SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition the petitioner has challenged the order dated 12 -11 -1993 by which punishment for reduction in pay -scale for one year increment with cumulative effect has been passed, copy of said order is Annexure A/1. Against the order passed by the DIG, an appeal was preferred to I.G. Police which was dismissed on 8 -4 -1994 vide Annexure A/4 and the representation which was submitted to the Director General of Police was dismissed on 13 -10 -1994 (Annexure A/5).

(2.) THE petitioner who at the relevant point of time was serving on the post of Sub Inspector was charge -sheeted along with one Head Constable Shambhu Singh. Different charges were framed against both the employees, in a common charge -sheet. The charges were denied by the petitioner as well as by Head Constable Shambhu Singh and eventually the enquiry officer, i.e. Superintendent of Police conducted the enquiry. After holding the enquiry the Enquiry Officer referred the matter to the punishing authority, i.e. DIG Police. The disciplinary authority i.e. DIG Police, Rewa respondent No. 2 by considering the report of enquiry officer found the charges to be proved against petitioner, however, against Head Constable Shambhu Singh two charges, out of four, were found to be proved, as a result of which the petitioner and Head Constable Shambhu Singh were punished by withholding of one annual increment with cumulative effect. The other employee Head Constable Shambhu Singh was also punished by withholding one increment for six months. After the rejection of the representation Annexure A/5 by Director General of Police, this petition has been filed.

(3.) IN view of above, according to me, the punishment order cannot be allowed to remain stand and eventually Annexure A -2 is hereby quashed and for the same reason the order passed by appellate authority Annexure A/4 and the order of Director General of Police Annexure A/5 dismissing the representation are also quashed.